CTR062453 Contract Documents
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CTR062453
10/2/2022
9/30/2022
John Red Horse, Sr. Manager - Technology, SPO
Request for Proposal
Notice Page
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 1
Solicitation Number:
BPM004541
Description:
Communications Cabling Systems
Solicitation Due Date and Time:
As indicated in APP
Pre-Offer Conference:
None
None
Proposals will only be accepted online in “The State’s e-Procurement System” at
https://app.az.gov until the “Bid/Offer Due Date” indicated in “The State’s e-Procurement
System” for the Solicitation No. shown at the top of this page. Proposals must be in the State
Procurement Office’s possession online no later than that deadline.
Submit technical inquiries about navigating and/or submitting proposals in the State’s e-Procurement
System to the State’s e-Procurement System Help Desk by phone at (602) 542-7600, option 2; or by
email to app@azdoa.gov
LATE PROPOSALS WILL NOT BE CONSIDERED. No extension or grace period will be given for
delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or
misunderstanding of the requirements or procedures for online submission in “The State’s e-
Procurement System”.
It is the responsibility of the supplier/offeror to routinely check the APP website for Solicitation
Amendments. Additional instructions for preparing an Offer are included in this solicitation.
Persons with a disability may request a reasonable accommodation, such as a sign language
interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible
to allow time to arrange for the accommodation.
Table of Contents
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 2
Notice Page
Table of Contents
Solicitation Summary
3
Scope of Work
5
Pricing Document
54
Special Terms and Conditions
58
Uniform Terms and Conditions
97
Exhibit A
107
Solicitation Summary
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 3
Solicitation Summary
1.
What the State is Soliciting?
The Arizona Department of Administration, State Procurement Office (the State), as authorized under
A.R.S. § 41-2501 is seeking to establish one or more “statewide” contracts to provide furnishing,
installation, testing and warranty of Data/Voice/Video Communications Cabling Systems (CCS).
The State anticipates awarding contract(s) with the intent to secure service coverage statewide. Whether
or not it actually enters into any contracts, how many contracts it enters into, and how the work is awarded
between those contracts are all at the State’s discretion. Furthermore, the State will use any awarded
contracts on an as-needed basis, with no guarantee as to its actual spending under them.
The State reserves the right to accept any item or combination of items specified in the solicitation, unless
the Offeror expressly restricts an item or combination of items in its Proposal, and conditions its response
on receiving all items for which it provided a proposal. In the event of such restriction, the State will
evaluate if an award on such basis will result with the best value and in the best interest for the State. The
State may otherwise determine at its sole discretion that such restriction is non-responsive and deem the
Offeror ineligible for further evaluation.
2.
What is in the Solicitation?
2.1.
At the time of publication, the following documents are included in the Solicitation:
2.1.1.
Attachment: BPM004541 Solicitation Requirements
2.1.1.1.
Notice / Cover Page
2.1.1.2.
Table of Contents
2.1.1.3.
Solicitation Summary
2.1.1.4.
Scope of Work
2.1.1.5.
Pricing Document
2.1.1.6.
Special Terms and Conditions
2.1.1.7.
Uniform Terms and Conditions
2.1.2.
BPM004541 Solicitation Instructions
2.1.2.1.
Special Instructions to Offerors
2.1.2.2.
Uniform Instructions to Offerors
2.1.3.
Solicitation Attachments
2.1.3.1.
BPM004541 Solicitation Attachment 1 - Offer and Acceptance
2.1.3.2.
BPM004541 Solicitation Attachment 2 - Boycott of Israel Disclosure
2.1.3.3.
BPM004541 Solicitation Attachment 3 - Confidential Information
Designation
2.1.3.4.
BPM004541 Solicitation Attachment 4 - Conformance Statements
2.1.3.5.
BPM004541 Solicitation Attachment 5 - Key Personnel
2.1.3.6.
BPM004541 Solicitation Attachment 6 - Letter of Insurability
2.1.3.7.
BPM004541 Solicitation Attachment 8 - Proposed Subcontractors
Solicitation Summary
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 4
2.1.3.8.
BPM004541 Solicitation Attachment 9 - Experience and Capacity
Questionnaire
2.1.3.9.
BPM004541 Solicitation Attachment 10 – References
2.1.3.10.
BPM004541 Solicitation Attachment 11 - Method of Approach
2.1.3.11.
BPM004541 Solicitation Attachment 12 - Pricing Document
2.2.
The State may issue a Solicitation Amendment at any time after solicitation publication, and
before the proposal due date. It is the responsibility of the supplier/offeror to routinely check the
APP website for any Solicitation Amendments and revised documents.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 5
Scope of Work
1.
Purpose and Background
1.1.
The purpose of this solicitation is to develop term contract coverage for the furnishing, installation,
testing and warranty of Data/Voice/Video Communications cabling Systems (CCS). The actual
requirements will be on an as needed and/or as ordered basis by the user agency. This contract
does include new construction and is also intended to cover work on existing structures. All work
shall be performed in accordance with the specifications included herein.
This document details the minimum services and practices the Contractor shall provide the State
as part of their proposal for the installation of all low voltage cabling including voice, data, video,
IoT cabling infrastructure. The requirements in this Scope of Work shall be incorporated in any
proposal, contract, Blanket Purchase Agreement or task order to perform infrastructure cabling
for the Government of the State as well as members of the State Purchasing Cooperative.
1.2.
This solicitation replaces the current ADSPO17 Contracts and is intended to provide all statewide
buying organizations with options to purchase a similar grouping of communications cabling
elements and installed systems. The specifications for this solicitation have been updated to
include current industry standards-based materials, components, and installed assemblies.
1. The resulting Contractor(s) from the solicitation shall provide CCS equipment and
services to all units of government within Arizona, including cities, counties, school
districts, institutions of higher education and other jurisdictions, and to all non-profit
entities, known as Buyers, in accordance with the terms of this agreement. Number and
incorporate all related terms and conditions, and acceptance by Contractor. The
specifications outlined in this solicitation fully conforms to the State Enterprise
Architecture (E/A) as defined by Arizona Strategic Enterprise Technology (ASET).
These
enterprise-wide
architecture
requirements
can
be
viewed
at
URL:
https://aset.az.gov/policies-standards-and-procedures.
2. Offerors may submit their proposals for either Materials ONLY or for both Labor and
Materials as set out in the Pricing Sheet (see BPM004541 Solicitation Attachment 12 -
Pricing Document).
2.
Scope of Work
2.1.
Contract Allowances and Restrictions (These exceptions would also apply to all installers
of low voltage cabling for IT, Fire Control, HVAC unless the vendor also holds a high
voltage license. All vendors must conform to installing fire block in all wall, core drill sleeve
locations, as well as j-hooks to support cabling every 4'-5' per BICSI standards.)
1. This contract shall allow the following:
•
Anchor 2 post rack in IDF – Contractor shall confirm whether building is post
tension concrete, and the depth thereof.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 6
•
Installation of fire-rated backboard
•
Cabling Wall Sleeves – Light construction. Contractor must be certified and have
the required training by the manufacturer of the product. The Arizona Department
of Administration - General Services Division (“GSD”) may require this be done by
an approved General Contractor or Electrical contractor that is certified on the
product they are installing.
•
Ground bus bars - GSD electricians will be required to connect a #6 green ground
wire to an approved building ground.
2. This contract shall not allow the following:
•
Cabling Wall sleeves (fire walls) - GSD Electrical vendors must be certified and
have the required training by the manufacturer of the product. GSD may require
this be done by an approved General Contractor or Electrical contractor that is
certified on the product they are installing.
•
Floor core drill - All Contractors shall sub-contract this out and do not do this
themselves as low voltage cable installers.
•
Exterior wall core drill - All vendors sub-contract this out and do not do this
themselves as low voltage cable installers.
•
Roof penetrations - This work must be done by GSD contractors. A GSD
representative is required to be on the walk through, or contacted for walk through.
This would be for cabling for Satellite antennas, WAPs, Cell phone repeaters, etc.
Cabling vendor will only utilize the new pathway installed by the GSD contractor.
2.2.
Codes, Standards and Best Practices
1. All work and materials shall be in full accordance with the latest codes, standards, and
best practices. It is the responsibility of the Contractor to have access to them. In the
case that any code, standard or best practice has a ratified update or addendum, it shall
be incorporated into this scope of work. If multiple codes, standards, and best practices
provide different requirements, the strictest requirement shall be followed, as allowed
by local code requirements.
2. Standards Referencing. Reference to known standards within these specifications shall
mean and intend the latest edition or amendment published prior to date of these
specifications, unless specifically specified otherwise, and to such portions of it that
relate and apply directly to the material or installation called for on the project.
3. In general, the following codes and standards at a minimum shall be observed, and are
incorporated herein by reference:
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 7
2.2.3.1.
Codes and Regulations. All work specified herein shall be in direct accordance
with all Federal, State, and Local Codes and regulations including (but not limited
to):
•
Applicable Construction Code;
•
FCC 47 CFR 68;
•
FCC Docket 88-57;
•
City/County codes and regulations;
•
State of Arizona codes and regulations;
•
National Fire Protection Agency (ANSI/NFPA – 70), National Electrical Code (NEC);
•
NFPA 101 – Life Safety Code;
•
NEC - Article 250 (Grounding);
•
NEC - Article 770 (Optical Fiber Cable);
•
NEC - Article 800 (Communications circuits);
4. Standards. All work specified herein shall meet or exceed all requirements set forth in
the following standards:
•
ANSI C.8.47-1977: Polyolefin Insulated Thermoplastic Jacketed Communication Cables;
•
ANSI/TIA/EIA – Measurement of Optical Power Loss of Installed Multimode Fiber Cable
Plant;
•
ANSI/TIA/EIA -310, Racks, Panels, and Associated Equipment;
•
ANSI/TIA/EIA -464, PBX Switching Equipment for Voiceband Applications;
•
ANSI/TIA/EIA – 526-7 – Measurement of Optical Power Loss of Installed Single-Mode
Fiber Cable Plant;
•
ANSI/TIA/EIA - 568-B.1, Commercial Building Telecommunications Cabling Standard Part
1: General Requirements;
•
ANSI/TIA/EIA - 568-B.2, Commercial Building Telecommunications Cabling Standard Part
2: Balanced Twisted-Pair Cabling Components;
•
ANSI/TIA/EIA - 568-B.2-1, Commercial Building Telecommunications Cabling Standard
Part 2: Balanced Twisted Pair Cabling Components, Addendum 1 – Transmission
Performance Specifications for 4-pair 100 Category 6 Cabling;
•
ANSI/TIA/EIA - 568-B.3, Commercial Building Telecommunications Cabling Standard Part
3: Optical Fiber Cabling Components;
•
ANSI/TIA-568.3D: Fiber Testing Standard SM & MM
•
ANSI/TIA/EIA – 569, Commercial Building Standard for Telecommunications Pathways
and Spaces;
•
ANSI/TIA/EIA – 570, Residential Telecommunications Cabling Standard;
•
ANSI/TIA/EIA – 606, Administration Standard for Telecommunications Infrastructure of
Commercial
•
ANSI/TIA/EIA–607, Commercial Building Grounding and Bonding Requirements for
Telecommunications;
•
ANSI/ TIA/EIA – 758, Customer-Owned Outside Plant Telecommunications Cabling
Standard;
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 8
•
ANSI/TIA/EIA - 942, Telecommunications Infrastructure Standard for Data Centers;
•
STM - Designations and standard testing specifications;
•
ASTM – Fire stopping, ASTM E 814 Fire Tests of Through-Penetration Fire Stops;
•
BICSI - Telecommunications Distribution Methods Manual (latest edition);
•
BICSI - Cabling Installation Manual (latest edition);
•
BICSI – Customer-Owned Outside Plant Design Manual (latest edition);
•
EIA/TIA-TSB-36: Technical Systems Bulletin, Additional Cable Specifications for
Unshielded Twisted Pair Cables;
•
EIA/TIA-TSB-40: Technical Systems Bulletin, Additional Transmission Specifications for
UTP Connecting Hardware;
•
EIA/TIA-TR-67: Latest Draft Revision; and
•
EIA RS-354: Standard Colors for Identification and Coding;
•
EIA RS-455: Standard Test Procedures for Fiber Optic Communication Cables;
•
GITA Guidance Documents: Enterprise Architecture Domain Documents;
•
GITA Guidance Documents: Policies, Standards, and Recommended Practices;
•
IEEE - 02.31 Carrier sense Multiple Access with Collision Detection (10/1000/1000Base-T
Wiring Plant);
•
IEEE - 805.5b/D10 Token Ring Access Method (Token Ring Wiring Plant);
•
ISO/IEC 11801 (International) Generic Cabling for Customer Premises Standard (including
all the latest amendments and applicable addenda);
•
NEMA – 250;
•
NEMA TC 9-1983: Smooth Wall Coilable Polyethylene Electrical Plastic Conduit;
•
NEMA VE 1-1991: Metallic Cable Tray Systems;
•
NETA - Standard testing specifications;
•
OSHA - Latest edition with all amendments in effect as of the date of this application;
•
PN-3012: Fiber Optic Premises Cable Guide (Latest Draft).
•
IEC 61300-3-35: Fiber End Face Cleaning Standard
•
UL - All materials furnished, for which Underwriters Laboratories, Inc. standards have been
established, shall be listed and bear the UL label or the listing label of an equivalent
independent test laboratory:
UL 94 V-0 Burn Characteristics;
UL 444: Standard for Safety, Communications Cables;
UL 497: Standard for Safety, Protectors for Communications Circuits;
UL 497A: Standard for Safety, Secondary Protectors for Communications Circuits;
UL 4978: Standard for Safety, Protectors for Data Communications and Fire Alarm
Circuits;
UL 969: Standard for Marking and Labeling Systems;
UL 1459: Standard for Safety, Telephone Equipment;
UL 1863: Standard for Safety, Communications Circuit Accessories;
UL 1479 Fire Tests of Through-Penetration Firestops; and
UL Building Materials Directory (Through-Penetration Firestops Systems; and Fill, Void
or Cavity Materials).
5. Specifications.
•
Specification - Fire Stop;
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 9
•
Specification - Fiber optic Cabling; and
•
Specification - Copper Cabling.
6. Drawings
•
Project Drawing Set; to include as builts with cable run paths and station jack numbering.
1.2.
2.3.
SCOPE OF PRODUCTS AND SERVICES
1. General Requirements. This scope of work defines requirements for the Cabling Contractor
(hereafter referred to as Contractor) to furnish, fabricate, install, test and a warrant complete,
operable data/voice/video communications cabling system (“CCS”).
2. General. The following major CCS elements, implemented per BICSI standards, and adherent
to the Arizona Enterprise Architecture, are included in this scope:
•
Complete horizontal data/voice/video wiring closet-to-classroom/office workstation drops
(Station Drops);
•
Complete copper risers;
•
Complete fiber optic risers;
•
Wiring Closet Infrastructure;
•
Outside Plant;
•
Determine capability, capacity, and limitations of existing network infrastructure and
components
•
Recommend applicable network infrastructure enhancements that improve operational
capabilities and efficiency
•
Assist with the definition and assessment of user-level cable and network requirements
•
Provide comprehensive network infrastructure design and support services and create as-
built drawings, and geographic information system (“GIS”) attribute data, as need.
•
CCS documentation, as stated here in. Prepare technical design drawings to specifications
and provide hard and soft copies. Hard copies will be posted in the IDF/MDFs at the
completion of the work.
•
Install, test, and certify cabling and conduit systems associated with classified and
unclassified telecommunications and local area networks, i.e., voice, data, video and audio
networks
•
Provide, install, and configure support structures and components needed for end-to-end
network operations per project specifications in individual task orders—cable trays,
equipment racks, cabinets, fire-rated plywood backboards, blocks, patch panels, jacks,
outlets, patch cords, labels, tie wraps, d-rings, j-hooks.
•
Install, test, and certify cabling and conduit systems associated with electrical power
distribution
•
Provide and maintain configuration files and document network configurations
•
Provide additional related telecommunications networking services and support, and
network installation and configuration support
•
Assess, evaluate, and document existing network infrastructure (i.e., telecommunications
spaces, cable pathways, grounding, wiring, and components)
•
Recommend enhancements that increase operational efficiency and effectiveness of
existing infrastructure
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 10
•
Design, provide, install, and configure specialized network infrastructures and
components—multi- and single-mode fiber optic cable, video distribution systems, card
reader systems, and electrical and power production systems
•
Furnish rapid response services and support
•
Support simultaneous installation efforts at various geographical facilities
•
Provide cable and telecommunications equipment installation services and support in
asbestos environments that have been abated.
•
Provide and install electrical power or power cords or strips needed to support
telecommunications and networking devices
•
Support special projects and requirements associated with telecommunications networks
•
Maintain site records regarding the installations and provide detailed administration of
telecommunications/data
documentation—record-keeping,
drawings,
labeling,
schematics—data outlet boxes, connectors, cables, termination hardware, patching and
cross-connect facilities, conduits, other pathways, telecommunications/data closets and
other spaces
•
Obtain all trade permits necessary to accomplish the work
•
Provide Network integration support
•
Perform site surveys
•
Design installation packages using Computer Aided Drafting (CAD) system or equivalent
software, including geographic information systems
•
Design classified and unclassified network infrastructure
•
Provide As-Built/Red line drawings in soft and hard copies.
•
Provide and maintain all installation design drawing files
•
Install data cabling in accordance with Scope pf Work
•
Track installation projects from initial planning stages to conclusion of the project
•
Coordinate each phase of the installation
•
Provide material necessary to perform any minor construction for required installations
•
Perform soldering, welding, sheet metal, carpentry, hydraulic and manual conduit bending,
and core- drilling functions as part of installation
•
Provide test equipment to be kept on-site. Test all cables installed to certify performance
•
Design, install and support Category up to 6 UTP and any fiber optic cable system
•
Provide qualified Network Integrators
3. Location of Work: Work is located at:
•
Locations throughout the State of AZ. as specified by the Buying Agency on its Purchase
Order; and
•
Location of project meetings shall be at the designated location of the Buying Agency.
4. Specific Tasks. Contractor shall perform the following tasks for each assigned project:
•
Provide project specific submittals as stated here in;
•
Mobilize its resources to initiate .and complete specific portions of the CCS within agreed
to time periods;
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 11
•
Provide status of all on-going project activity via generating/updating project Gantt chart
and attending weekly meetings; and
•
Coordination of activities.
5. Compensation. Contractor charges shall be based on the base-offer and unit pricing presented
in its Offer.
•
Specific Items Not Included. The following items are specifically not included in this
solicitation:
•
User-level CPE;
•
Mobile wireless systems or services; and
•
Leased carrier services.
2.4.
Coordination
1. Coordination with System Vendors and Contractors. Contractor shall coordinate, as required,
with all related system vendors (including the furniture vendor) and associated contractors.
Depending upon the specific system vendors' products, the specific CCS issues can vary,
therefore Contractor shall fully coordinate with the System Vendors and Contractors to ensure
that all proper CCS is provided and installed.
2. Coordination with Campus Fiber Facilities. Contractor shall coordinate, as required, with Owner's
Data Communications Representative regarding all fiber facilities, which make up a part of the
building data wiring plant.
3. Coordination of Voice and Data Closets. Contractor shall coordinate with all related trades and
Owner's Representative to determine exact locations for the voice, video, and data station drop
terminations within the Main Distribution Frame (MDF) and Intermediate Distribution Frame (IDF)
closets. In general the voice, video, and data drops specified herein home-run in the following
fashion to:
•
Same voice, video, and data (MDF and IDF) closets; and
•
Closets in the same building as the station drop location.
2.5.
Project Submittals
1. Shop Drawing Submittal. Contractor shall provide complete shop (installation) drawings and a
Bill of Materials (BOM). Shop drawings shall be submitted within 7 days after Notice to Proceed.
No site work shall proceed prior to Contractor receiving reviewed Shop Drawings back from
Owner.
2. Conflicts in the Specifications/Drawings. Specifications and drawings are complementary. Work
items that are required in one shall be binding as if stated in both. In the event that there exist
conflicts between the specifications/drawings that are not further delineated during the procurement
process, the stricter requirement shall supersede. Contractor shall provide the stricter requirement
in all cases as part of its Base-Bid.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 12
3. Level of Detail. The shop drawings shall provide complete documentation of the
proposed work, and as a minimum shall include the following:
•
Legend of all schematic symbols, including all system design and component
parameters utilized;
•
Complete system schematic diagrams, including reference designators for all
components, cable lengths;
•
Installation details shall indicate equipment locations, cable routing, and all other
specific location details, including cable pair allocation that are necessary for
installation, testing, and maintenance; and
•
Separate drawings (or layers on VISIO files) shall be prepared for voice, video,
and data portions of the work.
4. Scope. Shop drawings and manufacturer's data sheets are required for all major
components including:
•
Cabling, riser, and station;
•
Punch-down, cross-connect assemblies, and grounding details in the main
distribution frame room (MDF) and intermediate distribution frame rooms (IDF);
•
Patch Panels, IDF; and
•
Station jacks in modular and walled offices
5. As-builts. Contractor shall provide complete as-built drawings prepared in the CSI
format or equivalent, BOM, and configuration tables for all Work.
6. Backgrounds. Contractor is responsible for obtaining the building drawing backgrounds
(VISIO) from Owner's original drawings and utilizing these backgrounds to generate the
as-builts for this project.
7. Preliminary Submittal. Two (2) copies of preliminary CCS as-builts shall be submitted
for Owner review and approval. This submittal shall be concurrent with the cutover of
the CCS to Owner. This drawing set shall reflect actual CCS as-built configuration,
including the following:
•
All deviations from original shop drawings, such as quantity and description of
items;
•
Position of all cables and terminations, accurately dimensioned or scaled;
•
Labeling scheme and identification of all labels; and
•
Configuration Tables in compliance with all labeling/inventory/record-keeping
requirements of EIA/TIA 606 and UL 969, and the Owner configuration
requirements.
8. Final Submittals. Final submittal of all as-built drawings, BOM, and Configuration Tables
must be received and approved by Owner before the work is considered to be complete,
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 13
and prior to any final invoice being paid. Final project construction specifics shall be
provided on:
•
Reproducible drawings;
•
Electronic media:
Drawings: compact disk, with "ACAD 2000" or VISIO format; Bills of
Materials: compact disk, with "EXCEL" compatible spreadsheet format (This
BOM shall be utilized to establish the Schedule of Value for payments); and
Configuration Tables: compact disk, or memory key with "EXCEL" compatible
spreadsheet format
9. As-Built Drawings. One (1) set of reproducible drawings and "VISIO of CCS as-builts shall
be submitted, with Owner-directed changes. The VISIO files shall have all "as- built"
information, arranged to conform to Owner's CAD layouts, conduit pathways, and feed
cable source/destination shall be included.
10. As-Built Bills of Materials and Configuration Tables. Provide final BOM and configuration
tables with "MS Excel" compatible spreadsheet format. Configuration Tables shall comply
with all labelling/inventory/record-keeping requirements of EIA/TIA 606 and UL 969.
Include the following parameters in the spreadsheet; source/destination end points, and
end station equipment identifier.
11. Performance Test Data.
•
Fiber Test Data. Contractor shall deliver test data of optical time domain reflect-a-
meter (OTDR) measurements taken on all optical fibers, which are longer than 100
meters, per the solicitation;
•
Copper Test Data. Contractor shall deliver test data of all copper CCS element
measurements, per the solicitation.
2.6.
FIRE-STOP REQUIREMENTS:
1. General. Local code-approved fire-stop means shall be applied at each interface between
floors and between all fire-rated spaces.
2. Cable Tray/Ladder Penetrations. Pillow type firestop material shall be used for cable
tray/ladder penetrations.
3. Wall and Floor Penetrations. Putty/sleeve type firestop shall be used for wall and floor
penetrations.
4. Inspection Requirements. All necessary shop drawings, showing fire-stop means and
materials, shall be developed by Contractor as required by site inspection officials.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 14
2.7.
CCS PERFORMANCE CRITERIA
1. Copper Station-Cable. All copper (voice/data/video,IoT) station-cabling shall comply with
all physical and functional requirements of their designated EAi/TiA Category Level (e.g.,
CAT6) and with Cable Specification per the solicitation. Compliance shall be shown in the
following parameters:
•
100% operating pair-count (no non-operational, non-compliant pairs); and
•
Conformity with cable specifications
2. Copper Riser Cable. All copper riser-cable systems shall be in accordance with
ANSI/NFPA-70, Article 800
3. Copper Plenum Cable. All cables deployed in plenum spaces shall be in accordance with
ANSI/NFPA- 70, Article 800
4. Copper Cross-Connect Wire/Cables. All copper cross-connect wire and cables shall be in
accordance with ANSI/NFPA-70, Article800.
2.8.
CCS STATION CONNECTIVITY REQUIREMENTS
1. General. All station locations shall be cabled with the specific connectivity as marked on the specific
project drawings. All station cables shall home-run to their respective IDF closet. Specific IDF closet
locations shall be coordinated between Contractor and Owner. All station connectivity shall be
served with separate cables. All stations (unless otherwise identified) shall have the following voice,
video, IoT, and data connectivity:
USAGE
PAIRS
TYPE/CAT.
AWG
RJ
COLOR CODE
LABEL
1OT/1OOT/Gigabit - Ethernet
4
UTP/CAT6
or greater
24/28 or current
small diameter
45
blue=data
DATA-1 & -2, etc.
2.9.
STATION DROP NUMBERING SYSTEM
1. General. All station drops (voice and data) shall be numbered as follows or as directed by
the Owner's representative:
Floor #:
IDF Locations (North – N, East – E, South – S, West- W) Example: 4S-17F-3 (4th
floor South, Jack 17F-3), or 4S-1 (number 1-999) for locations that get reconfigured
often, or per cooperative members specification.
2.10.
CCS BACKBOARD CABLE PUNCH-DOWN BLOCK COLOR-CODE
1. General. All CCS backboard (MDF & IDF Punch-Block Designator-Color) standard color-
codes shall be as follows or as directed by the Owner's representative:
Blue: Horizontal cables to/from stations, or as designated by specification.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 15
2.11.
CCS STANDARD 4-PAIR PIN-OUT SCHEDULE
1. Data Pin-Out Schedule. All data station jacks shall be wired per the EIA/TIA 568B pin-out
standard. All eight (8) conductors of each data cable shall be connected at a separate
station RJ-45 (8P8C) jack.
2. All eight (8) conductors of each station cable (IDF/MDF end) shall be terminated into patch
panels.
2.12.
SAFETY AND PROTECTION
1. General. These criteria are included to help ensure that equipment is constructed such
that it is not hazardous to users, installers or repair persons.
2. Audible Noise Emission. Equipment noise emission shall not subject user to sound levels
greater than those allowed in Occupational Safety and Health Acts (OSHA) regulation.
1910.95, considering exposure time and place of installation. It is desirable that the noise
level of the equipment be limited to 50dBA continuously, or 75dBA intermittently (less than
a 10 percent duty cycle), at normal distances as measured on the "A" scale of a standard
sound level meter at a slow response. In addition, impulse or impact noise shall not exceed
130 dB peak sound pressure level.
2.13.
CCS IMPLEMENTATION
1. General.
•
Contractor shall assure that all voice copper station cables will result in a complete
and complementary interface with the existing voice switching system, and have
cross-connect capability;
•
Contractor shall assure that all data copper work will result in a complete and
compliant EIA/TIA 568 Category-6 station cabling system; and
•
Contractor shall assure that all fiber work will result in a complete and
complementary fiber cabling system for associated opto-electronic equipment
having a 4 dB power budget.
2.14.
Safety Issues.
1. Contractor and Owner shall adhere to all applicable health, safety, and environmental
laws, rules, and regulations, including the Occupational Safety and Health Administration
(OSHA) Rules and Regulations (hereafter referred to as Safety Regulations);
2. Owner does not contemplate nor include as an undertaking of the Contractor, unless
specified in writing, work in any area where a hazardous substance is present. Hazardous
substance means any substance regulated by any Safety Regulation and includes, but is
not limited to, asbestos in either a friable or non- friable condition. Contractor shall cease
all operations in any area where the existence of a hazardous substance is encountered,
and shall immediately notify Owner in writing;
3. Contractor shall not re-initiate work in or around identified hazardous substance areas
prior to receiving written permission from Owner. All safety issues relating to hazardous
substances shall be solely administered between Owner and Contractor; and
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 16
4. It is solely the Contractor's responsibility to assure that all installation personnel are
familiar with safety procedures, identification of hazardous substances, and proper
operation of related equipment.
2.15.
EXECUTION
1. General. All work described in this section shall be performed in direct accordance with all
Occupational Safety and Health Administration (OSHA) regulations and local
codes/regulations.
2. Cable Routing. All media shall be routed as follows:
•
Vertical Runs. All riser cables shall run parallel to the riser system;
•
Horizontal Runs. All horizontal bundles of cable shall run parallel or perpendicular
to the walls, and main trunks routed down aisle ways and not over cubicles, if
possible.
2.16.
INSPECTION AND COORDINATION
1. Site Conditions. Examine the areas and conditions under which work of this section will
be installed. Verify that work of other trades is sufficiently complete and in the proper
condition to receive the work of this section. In the event of discrepancies, immediately
notify Owner's Representative. Owner will be responsible for:
•
Providing access to workstation jack locations (i.e., moving existing user materials,
storage containers, etc.)
•
Powering-down and logging-out existing user devices from their host equipment
prior to new station drops being deployed (Contractor shall. physically de-link user
devices)
•
Defining specific areas in each MDF/IDF that are available for mounting Contractor
supplied items
•
Providing cross-references for specific workstation connectivity to existing Owner
host/network equipment (port numbers, etc.).
2. Site Coordination. Coordinate with Owner personnel, manufacturers, and other contractor
personnel as required to assure proper and adequate provisions for the Work.
3. Exact Location of Station Drops. Contractor shall verify locations of all station outlets and
related connections prior to installation. Owner reserves the right to make reasonable
changes in the locations (up to 10'-0") of station outlets. Such changes shall be made at
no additional cost to Owner.
2.17.
CCS INSTALLATION
1. General. CCS media shall be installed as indicated on reviewed shop-drawings, and as
provided for in this specification, with referenced documents.
2. Accessibility. All components and assemblies, etc., shall be installed so as to be readily
accessible for the operation, servicing, maintaining, and repairing of related
communication system elements. Items installed in unsuitable locations shall be removed
and relocated as directed by the Owner, at no change in contract time or amount. All code-
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 17
required clearances shall be maintained with respect to adjacent electrical equipment and
housings.
3. Identification of Components. All CCS wiring, interconnect points, cabinets, enclosures,
and other apparatus shall be properly and completely identified by means of neatly
installed machine-printed identification nameplates. See specification for required color-
coding and station numbering schemes.
4. Excess Raceway (Conduit, Etc.) Fill Volume. If situations occur where larger cross-
sections of station drop cables are required than the installed raceways will accommodate,
then Contractor shall route excess station cable(s) adjacent to existing raceways. Where
station cable(s) adjacent to existing raceways cross fire-rated barriers, fire-stop shall be
provided at all such fire-rated barriers. Coordinate with the Owner's Representative prior
to performing this type of work.
5. Acceptance Spacing. All CCS shall have the following minimum separations (per EIA/TIA
570) from the following types of conductors:
6. Cable Labels and Pathway Markers
2.17.6.1.
General Requirements
•
Each cable shall be labeled at each end that is terminated in MDF/IDF closet and
at the station end of the cable prior to the station jack.
•
Labels shall be unique numbers that conform to the CCS labeling system;
•
Label construction shall be as specified in Section 5;
•
Label information shall be confirmed with Owner prior to labeling of cables; and
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 18
•
Handwritten labels are not acceptable
7. Riser and OSP Fiber optic Cabling Labeling
•
Contractor shall label each individual fiber 3-inches from the LC/SC/MPO
connector with a Panduit #PMDR-0-9 GMM polyester film marker tape (or
functional equivalent) as a "flag" designated in numerical sequence starting with
fiber-1;
•
Contractor shall furnish and install an Osburn Associates F04002 1-3/4 inch by 3-
inch fiber optic caution flag (or functional equivalent) every 4 feet on any innerduct
exposed between entrance and equipment rack;
•
Contractor shall label the front of each fiber distribution center with the label
furnished with such housing, using Owner's approved scheme; and
•
Labeling within and on Splice Cases. Contractor shall identify all binder groups
utilizing color- coded zip ties and labeling the plant pair count for each binder group
utilizing flag markers. Contractor shall furnish and install stamped metal band
labels on all OSP and riser cables indicating cable size, gauge, and plant pair
count. Contractor shall label splice cases using 2-inch letters with machine-
produced black typeface on an orange background.
8. OSP Pathway Markers
•
Provide marker tape in designated duct pathway from property line entrance to
MPOP location for Telco Provider service.
•
Provide marker tape in designated duct pathways from each building MDF to
MPOP
2.18.
COPPER PAIR CABLE INSTALLATION
1. Precautions. Contractor shall practice the following precautions throughout the
deployment of this work:
•
Cable installation personnel shall be familiar with safety procedures, equipment
operation, and the cable manufacturer's installation requirements such as
maximum pulling tensions;
•
Cable shall be pulled with a pulling-eye of the type that is recommended by the
cable manufacturer, as required
•
Pull-throughs with offsets shall be riffed with two (2) sheaves, as required
2. Racking. Contractor shall practice the following racking related approaches throughout the
deployment of this work:
•
In long pull-throughs racking, slack shall be obtained by the use of bending shoes
or equivalent to avoid sheath damage
•
Cable shall be secured in a neat and organized manner with plastic tie-wraps
•
Excess cable in splicing cable vaults shall be neatly coiled for storage prior to
splicing
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 19
•
After splicing is completed, splice cases shall be properly secured to racks with
plastic tie-wraps
3. Pulling Methods. Pulling methods, and all associated equipment required, shall be
consistent with the cable manufacturer's recommendations. The following installation
related approaches shall be practiced:
•
Cable pulling-lubricant shall be used as required and shall be acceptable to the
cable manufacturer and Owner.
•
The manufacturer's pulling tension limitations shall not be exceeded under any
circumstances.
4. Splicing. No copper splicing shall be allowed within the CCS.
5. Copper Data Pair Terminations
•
All pairs shall be terminated on 110-type blocks with proper punch-down tools, by
methods prescribed for EIA/TIA 568 Category - performance in:
EIA/TIA 568;
EIA/TIA TSB-36;
EIA/TIA TSB-40; and
EIA/TIA TR-67 Draft, Latest Revision
•
The designated pair count shall be consistent with binding post assignment;
•
Binding post shall be clearly and accurately labeled with assigned pair identity;
•
All cables shall be dressed in a neat and organized manner and secured to the
backboard at the terminal locations, without creating "tightly bound or cinched"
cable bundles (per TSB-36/40/67);
•
Cable pairs shall be fanned and terminated in a neat and orderly fashion;
•
Only the minimum amount of sheathing required to obtain access for termination
of individual pairs shall be removed (less than 0.5 inches per TSB-36/40/67);
•
Extreme care shall be taken to assure that the "native twist rate" is maintained for
all station data UTP wiring pairs at their termination points (note actual twist rate,
i.e., twists/inch, will vary for each pair within the EIA/TIA Category-6 or greater
station cable); and
•
All data station terminations on 110 blocks shall be made via punch-down tools
and methods certified to achieve data grade connections.
2.19.
FIBER OPTIC CABLE INSTALLATION
1. Fiber optic Cables. All fibers shall be installed in a 1" innerduct that shall be contained
within existing raceways. Two (2) additional 1" innerduct shall be installed in each (inter-
and intra-building) 4” conduit used. When existing enclosed raceways are not available,
plenum-grade fiber optic cabling and plenum- grade innerduct shall be utilized per
ANSI/NFPA 70. Optical fibers shall be installed from stations to IDFs to the MDF as
indicated on the Project Drawings.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 20
2. Execution. All work described in this section shall be performed in direct accordance with
all Occupational Safety and Health Administration (“OSHA”) regulations and local
codes/regulations.
3. Routing. Contractor shall route all OSP and riser fiber optic cables to the equipment
racks, through the specified wire management elements. All fiber optic cable directional
changes shall have a gradual sweep to maintain proper bend radii.
4. Bundling and securing. All fiber optic cables shall be uniformly bundled and secured
such cables every nine inches. Contractor shall bundle data, video, IoT, and voice
cables independently of each other. Contractor shall furnish and install all requirements
for cable dressing.
5. Physical Support and Cable Management. Contractor shall provide physical support and
cable management means for all fiber runs and termination points. Particular care shall
be exercised to assure that all fiber cables are adequately supported between floors and
from floor-sleeves to adjacent patch- panel racks. In all cases the innerduct shall be
physically attached to the rack, cabinet, or other physical entity at each end of run of
innerduct. Cable ladder should be attached to the backboard in the IDF for vertical runs
to secure cable or fiber.
6. Precautions
•
Cable installation personnel shall be familiar with safety procedures, equipment
operation, and the cable manufacturer's installation;
•
The specific amount of sheathing recommended by the manufacturer for
termination of individual pairs shall be removed;
•
Cable shall be continuous in length throughout the entire project except for
predesignated splice points;
•
Cable shall be pulled with a pulling-eye type that is recommended by the cable
manufacturer;
•
Contractor shall assure that innerducts are restrained in the appropriate pulling
configuration with light- duty ties, and longitudinal restraints shall be provided in
both directions to prevent migration of the innerducts;
•
Pull-throughs with severe offsets shall be rigged with two (2) sheaves; and
•
Optical fibers shall be supported periodically along their length (per manufacturer's
recommendations) during the installation of long vertical runs.
7. Racking. All racking components and equipment required shall be supplied by the
Contractor. The following racking elements shall be adhered to:
•
Since there is a substantial risk of damage to the optical fibers by careless handling
during racking, much care must be exercised in this procedure, especially with
regard to observing the minimum bending-radius limit;
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 21
•
Slack for racking shall be pulled by hand. Where necessary, intermediate
assistance from the adjacent pull-station shall be provided;
•
Cables shall be secured to the proper rack position with plastic cable ties; or Velcro
•
Excess cable in splicing-cable boxes shall be neatly coiled for storage;
•
Non-terminated cable ends shall be properly sealed to prevent ingress of moisture;
•
After splicing is completed, cable coils shall be racked in a safe location; and
•
Identification/warning tags shall be securely attached to the cables in a minimum
of two (2) locations in each cable box.
8. Cable Preparation. Cable ends shall be prepared in accordance with the manufacturer's
recommended methods prior to being pulled into place.
9. Installation
•
Pulling methods and all associated equipment required shall be consistent with the
cable manufacturer's recommendations and must be approved by Owner prior to
the start of the installation operation;
•
Cable pulling-lubricant shall be used as required and must be acceptable to the
cable manufacturer and Owner;
•
Manual intermediate assist may be required on some pulls. The maximum benefit
can be obtained when this assistance is applied near the feed-end of the cable,
including pushing the cable at the feed point. When pushing the cable, only modest
forces may be applied to avoid buckling the cable;
•
The pulling eye/sheath termination hardware on the fiber optic cable shall not be
pulled over any sheaves;
•
When power equipment is used to install the cable, low speeds shall be used, not
to exceed 30 meters per minute, with gradual hand-assisted starting. It is desirable
to pull entire lengths non-stop; and
•
The manufacturer's minimum bending radius and pulling tension limitations shall
not be exceeded under any circumstances.
10. Optical-Fiber Splices. Mechanical splices ARE NOT acceptable; fusion splices ARE the
ONLY acceptable method of Fiber Splicing:
•
The average splice loss of each fiber shall be 0.2 db or less;
•
Documentation shall be generated to indicate the splice loss of each splice; and
•
Each individual splice shall be secured and protected in a splice organizer, in a
neat and organized manner, subject to Owner approval.
11. Optical-Fiber Terminations
•
The average splice loss of each fiber shall be 0.2 db or less;
•
Documentation shall be generated to indicate the termination loss of each
termination;
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 22
•
Patch panels shall be installed at all termination locations to provide functional
interface with the multiplexing equipment and as approved by Owner;
•
The optical fiber cables shall be terminated in patch panels; and
•
The installation of patch panels, mounting of hardware, and the methods employed
in doing so, shall be consistent with the recommendations of the manufacturer.
12. Fiber Optic Cable Slack Storage. Contractor shall coil the following minimum lengths of
fiber optic cable at each termination point:
•
20-feet in all MDF/IDF fiber optic patch panels; and
•
30-feet coiled in all OSP hand holes, manholes, and cabinets.
2.20.
TEST, QUALITY ASSURANCE, AND ACCEPTANCE
1. General. This section defines the provisions for performance testing the copper and fiber
optic CCS. These testing provisions shall assure compliance to this document of the
completed CCS installation.
2. On-Site Inspection of Work. Owner reserves the right to have its representative make
on-site inspections of all work to verify compliance with performance requirements.
3. Performance Testing. Contractor shall provide the necessary personnel and test
equipment to test and document the CCS materials and installation quality.
2.21.
ALL FIBER OPTIC CABLE ACCEPTANCE TESTING
1. Fiber optic cables less than 25 meters. Power meter testing shall be performed on 100%
of the fibers of each cable (less than 100 meters in length) installed by Contactor.
Contractor shall perform the following measurement attenuation tests using the Insertion
Method. Contractor must first determine a reference measurement to determine the
injection power level of the stabilized source. Contractor shall connect the source directly
to the optical power level meter using the reference cable and connection. The reference
level shall be checked and documented periodically in dB transferred to the remote end
by a member of the test crew. The received level at this point will be measured. The
measured attenuation shall be obtained by subtracting the reference level from the
receive level. Owner may request OTDR testing only in place of Power Meter testing.
2. Power Meter Test Results. Contractor shall furnish attenuation assessments on each
fiber less than 100 meters in each cable in both directions, with the following information:
•
Date of test;
•
Name of test personnel;
•
Fiber cable type and part number;
•
Cable number;
•
Fiber number;
•
TX wavelength;
•
TX location;
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 23
•
RX location;
•
TX model number and serial number;
•
RX model number and serial number;
•
Attenuation dB or dBm; and
•
Calibration date of all test equipment used must be on report. All test equipment
must have a current calibration.
3. Fiber optic cables greater than 100 meters. Contractor shall test (in one direction) each
fiber strand in each cable (installed by Contractor), utilizing an OTDR for both distance
(in meters) and attenuation (dB/km) at 850 nm and 1300 nm. A launch and tail fiber test
cord should be utilized when testing in one direction. The owner may request Bi-
directional testing in place of testing only in one direction. The OTDR scope scale shall
be such that anomalies of the magnitude of 0.2 dB are readily apparent on the trace.
The refractive index will be set and verified in writing as follows:
•
Refractive index 1.4776 at 850 nm
•
Refractive index 1.4719 at 1300 nm
4. OTDR Test Results. Contractor shall furnish "tracer recordings" on each fiber strand
greater than 100 meters in each and cable in both directions, with the following
information:
•
Date of test;
•
Name of test personnel;
•
Test wavelength;
•
Pulse duration(s) and scale range(s);
•
Index of refraction;
•
Fiber cable type and part number;
•
Cable Number;
•
Fiber number;
•
Fiber tube and/or fiber strand number;
•
Direction of test;
•
Overall distance in meters; and
•
Attenuation in dB or dBm
•
Calibration date of all test equipment used must be on report.
All test equipment shall have a certificate of calibration from its manufacturer (or
certified test laboratory).
5. Post Installation Tests. Contractor shall perform the following tests after placement of all
inside and outside plant cable.
6. Fiber Segment OTDR Distance and Attenuation Assessments. Contractor shall test each
and every fiber strand utilizing an OTDR for both distance (in meters) and attenuation
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 24
(dB/km), prior to splicing. Contractor shall furnish Owner with "tracer recordings" of such
tests.
7. Link Loss Calculations. Contractor shall use the length measurements to calculate the
loss value for each span or segment, using the pre-installation or factory acceptance test
measurement for dB/km.
Example:
Segment Distance = 500 m
Attenuation / unit length = 3.0 dB/km
Calculation = 500 m x 0.0030 dB/m = 1.5 dB
Splice Loss = 0.2 dB/ splice x 2 splices Connector Loss = 0.4 dB
Connector Loss = 0.4 dB/ mate x 2 connectors = 0.8 dB
Segment Link Loss
= 2.7 dB
8. Loss Factors. Contractor shall factor in splice loss (0.2 dB) and mated pair loss (0.4 dB)
in determining like loss value and shall reflect each individual loss value in the link loss
documentation.
9. Final Acceptance test. All installed fibers in all installed links shall be tested at 850 nm
and 1300 nm for power attenuation (dB/km), using a stabilized light source and OTDR.
These tests shall be performed in compliance with Fotec-Fiber Optic System Testing
Guide, Single Cable Testing (one way loss). There shall be a jumper added, where
applicable, at each end of the link-under-test in order that the end connectors may be
validated. Test results shall be reported in terms of "dB-loss" from the transmitting point,
through all the patch panel connectors, where applicable, to the receiving end of the link-
under-test. 100% of all fibers in each fiber optic link shall be within test specifications.
10. Unsatisfactory Test Results. If any segment of cable is found to have unsatisfactory test
results, that specific cable link shall be replaced with a new link of cable. The
replacement cable link shall be tested to demonstrate acceptability.
11. Owner may request in their Statement of Work both Power Meter testing & OTDR per
their specification.
2.22.
ALL TWISTED PAIR COPPER CCS TESTING
1. Category 6 or greater Cabling System Acceptance Tests. In no event shall the
Contractor test by tone. After the cabling is fully installed, Contractor shall perform end-
to-end tests (via methods appropriate to the cabling installation) that:
•
Demonstrate complete electrical continuity (no opens);
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 25
•
Demonstrate that no improper grounds or shorts exist within the copper cable
plant;
•
Demonstrate proper termination (e.g., no reversed-pairs, no split-pairs, crossed
pairs, transposed groups, etc.) and proper labeling to the satisfaction of Owner's
Representative; and
•
Establish complete operational integrity for an EIA/TIA Category CCS. These tests
shall include specific measurements of all factors that are required for certification
of cable plant to the Category level of performance.
•
Printouts of the test results for all pairs are required for each data cable drop.
Acceptable printed output is as generated by the Calibrated Fluke data tester, or
equivalent;
•
All test results for all pairs of all drops shall be within all parameters specified for
Category station drops; and
•
Test results shall be provided in both printed form (hard copy) and in soft copy; All
reports shall include calibration date of test equipment used
2. Unsatisfactory Test Results. If any segment of cable is found to have unsatisfactory test
results, that specific cable link shall be replaced with a new link. The new cable link shall
be tested to demonstrate acceptability to ElA/TlA Category requirements. Test results
performed by test equipment that is out of calibration will require all cabling to be
retested with a calibrated tester.
2.23.
PHYSICAL SUPPORT AND CABLE MANAGEMENT
1. General. Contractor shall:
•
Use cable tray for physical support where available;
•
Provide physical support and cable management means for all copper and fiber
runs (vertical and horizontal), where not provided by others; and
•
All burrs and sharp edges shall be removed from those portions of the physical
support and cable management components that might come into contract with
cable.
2. Minimum Bend Radius. No individual cable shall be positioned with an unloaded bend
radius of less than 10 times its diameter OR a loaded bend radius of 20 times its
diameter:
•
At power pole inlets;
•
Within modular furniture raceways; and
•
Transitions from cable trays and equipment rack(s)
3. Vertical Supports
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 26
•
Between floors per NEC requirements; and
•
At 8’ intervals maximum
4. Horizontal Supports
•
MPOP/MDF/IDF to stations via cable hangers, J-hooks, etc. mounted to building
structural members; and
•
At 4'-5’ intervals maximum
5. Within Telecommunications Closets
•
Within MPOP/MDF/IDF via cable tray/ladder, per Fig 17930-1; and
•
Between cable tray and equipment rack(s), without stress points, per current TSB
- at time of installation
6. Equipment Racks
•
General. Each equipment rack must include the furnishing and installation of both
horizontal and vertical wire-management systems; unless horizontal wire
management is removed to utilize 8” patch cords in a patch panel, switch patch
panel rack layout.
•
Vertically, on each equipment rack/backboard. Each rack must have minimum of
1 vertical cable management trough, (see section 2 for manufacturers) with the
specified height for floor standing racks to accommodate the routing and
organization of patch cords and cables between patch panels and network hub
equipment. Vertical cable management trough shall extend from the floor to the
top of the rack; and
•
Horizontally, on each equipment rack/backboard, at maximum intervals of 48
patch-panel ports. Horizontal wire management should be installed above and
below every patch panel and every switch, unless horizontal wire management is
removed to utilize 8” patch cords in a patch panel, switch patch panel rack layout.
.
2.24.
CABLE TRAY/LADDER/J-HOOK INSTALLATION
1. General. Where drawings require, cable tray/ladder shall be installed for the purpose of
supporting and containing all media cables. Where possible all cable tray/ladders shall
be installed at one elevation, and shall allow for easy addition and/or removal of cables.
2. Components. Only standard prefabricated elbows, reducers, crossovers, tees, and
elevation change tray sections shall be utilized to construct a continuous cable
tray/ladder assembly. Acceptable support members include threaded rods, trapeze, and
cantilever brackets
3. Code Compliance. All cable trays/ladders shall be installed per ANSI/IEEE 70 (National
Electric Code), as amended by the local jurisdiction.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 27
4. Grounding. All cable tray/ladders shall be grounded to the nearest building steel and/or
continuous cold water pipe.
5. Bonding. All cable tray/ladder segments shall be bonded to each adjacent section of
cable tray/ladder with #6 green ground wire.
6. Supports. All cable tray/ladder assemblies shall be supported from only "local structural
elements" and shall be supported at 8' intervals, maximum.
7. J-Hooks. All cables shall be supported from the point that they exit the cable tray/ladder
system until they penetrate into the vertical raceways (e.g., wall-mounted conduits, etc.)
with a combination of threaded rod and J-hook style hangers, installed 4 to 5 feet apart.
Contractor shall furnish and install J-hook supports where required.
2.25.
MDF/IDF BACKBOARD AND RACK ORGANIZATION
1. Equipment Rack, Top to Bottom Sequence
2. Vertical fiber terminations;
3. Copper station cable terminations (patch panels);
4. Networking equipment;
5. Internet working equipment; and
6. Uninterruptible power system
7. Splice Cases. Contractor shall install transition splice cases and lateral/riser cable splice
cases for all indoor entrance splices. Contractor shall locate splice cases to minimize
their impact on the available backboard space and to accommodate protector swivel
stubs. Contractor shall perform straight splices. Contractor shall secure all cables in the
splice case(s) and the end plates in accordance with manufacturer's specifications.
8. Electrical Power. Electrical power branch circuits contained within grounded metal
conduit are the only acceptable form of electrical power conductors, which can be
attached to the backboards or equipment racks.
9. Backboards must be fire-rated and, if painted, at least one fire-rated stamp must be left
visible.
2.26.
WALL & FLOOR PENETRATIONS, SLEEVES AND CONDUITS
1. Code Compliance. All wall and floor penetrations shall be installed per ANSI/IEEE 70
(National Electric Code}, as amended by the local jurisdiction.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 28
2. Non-Rated Walls and floors. Wherever station cables must penetrate a wall, Contractor
shall core a 4-inch hole and fit an EMT conduit sleeve in the opening. The conduit sleeve
shall extend a minimum of 5-inches on both sides of the wall. Conduit sleeve shall be fit
with a plastic bushing on each end to minimize damage to the cable during the
installation process.
3. Rated Walls and floors. Contractor shall fire stop all sleeves and conduits per
specification.
4. Grounding. All cable trays/ladders shall be grounded to the nearest building steel or
electrical panel to meet all city or State building codes.
2.27.
FIRESTOPPING
1. General
1.1 Work Included
•
Installation of fire stopping materials at openings and voids in, or at, periphery of
fire-rated construction; and
•
All poke-throughs and flooring core-drilled holes
1.2 Quality Assurance
•
Materials shall meet and be acceptable for use by all three model-building codes:
Basic Building Code, Uniform Building Code, Standard Building Code, and
applicable local codes; and
•
Materials shall meet the requirements of NFPA 101---LIFE Safety Code, and
NFPA 70--- National Electric Code.
2.28.
PRODUCTS
1. Acceptable Manufacturers: 3M Contractor Products Or equal
2. Fire stopping Materials
3. Fire stopping materials shall constitute one or more of the following products:
4. (3M Brand) Caulk CP-25 N/S No Sag;
5. (3M Brand) Caulk CP-25 S/L Self Leveling;
6. (3M Brand) Warp/Strip FS-195;
7. (3M Brand) Composite Sheet CS-195;
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 29
8. (3M Brand) Penetrating Sealing Systems 7900 Series; and
9. Or equal
10. Fire stopping materials shall be asbestos-free and capable of maintaining an effective
barrier against flame, smoke, and gases in compliance with the requirements of ASTM E
814, and UL 1479;
11. Materials shall be suitable for the fire stopping of penetrations made by steel, glass,
plastic, and insulated pipe;
12. On insulated pipe, the fire-rating classification must not require removal of the insulation;
and
13. The rating of the firestops shall be two (2) hours, but in no case less than the rating of
the time-rated floor or wall assembly.
2.29.
SUMMARY OF WORK
1. GENERALPROJECTREQUIREMENTS
2. Work Included. Work under the Base Bid of the Contract shall include all Building Wiring
system (CCS) work requested by AZ State government entities.
3. Work Specifically Not Included. All work associated with the removal of asbestos from all
facilities is specifically not included in the scope of this Work. If asbestos is identified at
any given site where Work is to be performed, the Owner will contract separately for the
complete removal of such asbestos from that site. Owner would in that case coordinate
the activities of both the Contractor and Asbestos Removal Contractor.
4. Safety Issues. Contractor and Owner shall adhere to all applicable health, safety, and
environmental laws, rules and regulations, including the Occupational Safety and Health
Administration (OSHA) Rules and Regulations (hereafter referred to as Safety
Regulations). Owner does not contemplate nor include as an undertaking of Contractor,
unless specified in writing, work in any area where a hazardous substance is present.
Hazardous substance means any substance regulated by and Safety Regulations and
includes, but is not limited to, asbestos in either a friable or non-friable condition.
Contractor shall cease all operations in any area where the existence of a hazardous
substance is encountered and shall immediately notify the Owner in writing. Contractor
shall not re- initiate work in or around identified hazardous substance areas prior to
written permission from the Owner. All safety issues relating to hazardous substances
shall be solely administered between the Owner and Contractor. It is solely the
Contractor's responsibility to assure that all installation personnel are familiar with safety
procedures, identification of hazardous substances, and proper operation of related
equipment.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 30
5.
2.30.
DISPOSITION OF UTILITIES
1. Utilities Rules and Regulations. Observe rules and regulations governing the respective
utilities in executing all work under this heading.
2. Protection of Active Utilities. Adequately protect active utilities from damage, and remove
or relocate only as indicated or specified
3. Change Order:
4. Change Order Procedure. The normal procedure for altering a contract is by change
order executed before the work covered by it is done. This change order shall be
prepared by Contractor as follows:
5. Request for Change Order Cost Estimate. Owner may request an estimate from the
Contractor for adding to or subtracting from the contract an amount for certain alterations
to the project.
6. Preparation of Change Order. Contractor shall prepare the change order, itemizing all
changes. This shall include a cost breakdown of each item. Change orders shall be
supplemented with necessary detailed drawings to fully describe all changes. The
Owner's Representative will review and sign all copies of the change order, prior to
submitting to the Owner. Six (6) copies of change order shall be submitted.
7. Routing. Owner's Representative shall then forward all copies to Owner, for review and
signature and make proper distribution thereof.
8. Authorization. Signature of Owner will be authorization for Contractor to proceed with the
changes listed on the change order. Prior to the Owner's signature, no additional work
shall be started.
9. Distribution. Distribution of Change Orders:
Owner's Representative
2 Copies
Contractor
1 Copy
2.31.
FIELD ORDERS:
1. General. Where at all possible, the aforementioned change order method should be
used to alter contracts. There will be occasion, however, when insistence on this
procedure would necessitate stopping the work on the job, and it is for this contingency
that the limited and controlled use of field orders is provided.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 31
2. No Verbal Commitments. All field orders will be in writing and will be issued before any
work covered thereby is executed. No verbal instructions committing Owner to additional
cost may be given by anyone.
3. Temporary Pricing. All field orders will state a price, even if it must be an "upset" price
subject to later adjustment, which the field orders should so state. Contractor's copy will
show this price, and its acceptance of it will be deemed as its acceptance as an "upset"
price.
4. Signature Requirements. The field orders will bear the signature of Owner, Owner's
Representative, and Contractor.
5. Distribution. Distribution of Field Orders:
6. Owner's Representative 2Copy Contractor 1Copy
7.
2.32.
MEETINGS
1. General. During the course of the project construction period, the Contractor shall
provide personnel for weekly schedule and coordination meetings. These meetings shall
be held at the job-site.
2.
2.33.
CONSTRUCTION SCHEDULE:
1. General. Contractor shall, within fourteen (14) calendar days after Owner's notice to
Contractor of award and contact, submit for approval a construction schedule, as
specified below, to demonstrate Contractor's plan for fulfilling all of the contract
requirements in a written outline form.
2. Scope. Information in this schedule shall represent all activities including submittals and
procurement necessary to complete this contract.
3. Basis for Progress Payments. Contractor shall assign the cost of work (a sum including
allocation for materials, labor, equipment, overhead and profit) to each activity and this
cost will be the basis for progress payments.
4. Format. Submit specific narrative statements relating to control and expediting of
submittals, fabrication and delivery of specific materials and equipment, and to
supplement progress reports and successive revisions of the project schedule. Include a
detailed explanation where possible of known, or suspected, operation by others which
must be completed or of conditions which must be met or changed prior to specific
activity starting or being completed.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 32
5. Minimum Content. The following information shall be provided in the schedule for each
of the activities:
6. Activity description;
7. Location designation;
8. Start and finish dates; and
9. Cost and Labor-Hour allocations
10. Coordination. Contractor shall cooperate with the Owner's Representative and other
contractors in achieving a master schedule for the entire project.
11.
2.34.
OBSERVATION REPORTS:
1. General. During the course of the project, Owner will forward observation reports to
Contractor, who shall take appropriate action.
2.35.
PROJECT CLOSEOUT
1. SCOPE:
2. Final closeout procedures;
3. Final cleaning;
4. Final post install inspection of Work with Owner;
5. Project record documents;
6. Warranties;
7. Spare parts and maintenance materials;
8. Configuration table;
9. As-Built (Hard copy for IDF 24” x 18” or 24” x 24”);
10. As-Built with cable paths and jack locations; and
11. Passing test results. Test results must have calibration information, equipment
manufacturer, model and be a certified report.
12. GENERAL
13. Close-Out Requirements. All requirements and procedures for submittal of pertinent data
relating to closing out the project upon completion of the project work.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 33
14.
2.36.
FINAL PAYMENT:
1. Prerequisite for Final Payment. Receipt and approval of all items specified in this section
is a prerequisite for final payment.
2.37.
FINAL CLOSEOUT PROCEDURES:
1. Contractor Certification. Contractor shall submit written certification that the work has
been completed in accordance with Project Documents, punch list items have been
resolved, Contractor has inspected the work, and the Project is ready for Owner's final
inspection.
2. Contractor Submittal Requirements. Contractor shall submit the following items at that
time:
3. Warranties;
4. Record Documents (As-builts, configuration table, test results); and
5. Owner signed list, showing receipt of Spare Parts and Maintenance Materials and
Agreements 5.37FINAL CLEANING:
6. 5.37.1 General. Perform final cleaning prior to final inspection.
2.38.
POST INSTALLTION INSPECTION WITH OWNER:
1. General. Before acceptance and final payment, at a time arrived at with Owner, a post
installation inspection complete checkout and test shall be made of all installed devices,
etc., with Owner. For this purpose, each trade concerned shall provide a skilled
technician for a period of at least one day. All final documentation and test results must
be received prior to final payment.
2.39.
PROJECT RECORD DOCUMENTS:
1. Site Record Document Set. Maintain on site, one set of the following Record
Documents; and record actual revisions to the Work:
2. Contract Drawings;
3. Change Orders and other Modifications to the Contract; and
4. Reviewed shop drawings, product data, and samples
5. Final Record Drawings. Prepare final Record Drawings including Shop Drawings, and
legibly mark each item to record actual construction.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 34
6. Submittal. Submit documents to Owner with final Application for Payment.
7. The final 24” x 24” or greater As-built with cable path running lines and station jack
numbers must be posted in the MDF/IDFs.
2.40.
WARRANTIES:
1. General. Provide copies of all warranties. Execute and assemble warranty documents
from Subcontractors, suppliers, and manufacturers.
2. Submittal. Submit at time of final inspection.
3. Delayed Work. For items of Work delayed beyond date of Substantial Completion,
provide updated warranty submittal within ten (10) days after acceptance, listing date of
acceptance as start of warranty period.
2.41.
SPARE PARTS AND MAINTENANCE MATERIALS:
1. General. Provide products, spare parts, maintenance and extra materials in quantities
specified in individual specification Sections.
2. List. Prepare an itemized list containing items required in individual specification
sections.
3. Submittal. Deliver items to Owner, have list signed by Owner's Representative and
forward signed-list to Owner.
2.42.
CLEAN-UP
1. General. This section describes labor, materials, equipment, and services necessary to
perform the clean-up of the building and site as specified or indicated. Remove all
temporary facilities, scaffolding, etc. Clean all areas of debris and remove them from
site.
2.43.
CLEANING AND REPAIRS
1. General. The work of each section shall include removing all tools, scaffolding, surplus
materials, temporary walks, debris and rubbish from the project promptly upon
completion of that portion of work.
2. Scope. All exposed surfaces shall be thoroughly cleaned.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 35
3. Above Ceilings. All construction debris (e.g., wire clippings, connectors, packaging, etc.)
shall be removed from the cavities above dropped ceilings.
4. Workstations and Offices. All construction debris (e.g., ceiling tile debris, drill shavings,
wire clippings, connectors, packaging, etc.) shall be removed from all office, workstation
and closet areas.
5. Contractor Responsibility. Contractor shall be responsible for leaving the area of
operations completely clean and free of the above items in a manner suitable to Owner.
6. Frequency of Clean-Up. Clean up daily all refuse, rubbish, scrap materials and debris
caused by operations, to the end that at all times the site of work shall present a neat,
orderly and professional appearance.
7. Means of Disposal. Provide for the disposal of all waste products, trash, debris, etc., and
make all necessary arrangements for such disposal.
8. Removal of Surplus Materials. Remove all surplus materials, temporary structures, and
debris of every nature resulting from operations, and put the site in a neat, orderly
condition. Owner shall have the first right-of-refusal for all major equipment and
materials removed from the site.
2.44.
SUPPORT OF GREEN BUILDINGS (GOING GREEN)
1. In order to have the most efficient cooling, cabling must be properly designed,
remediated and routed to allow the air to flow in an unobstructed manner. TIA-942 and
other complimentary standards around the globe suggest that horizontal and vertical
cabling be run accommodating growth so that these areas do not need to.be revisited.
There are several reasons for this requirement, including:
2. Eliminating the adverse effects of removing floor tiles and decreasing static pressure
under raised floors during MAC work.
3. Assuring that pathways are run in a manner that will allow the flow of cold air in cold
aisles to be unobstructed by cabling; and a potential benefit to cooling as the cabling can
be installed to provide a baffle of sorts, channeling cool air into cold aisles.
4. In support of the (GOING GREEN) initiative, The State is requesting that contractors
include in their response provisions for the removal of abandoned cabling. The Owner
shall provide a 4’ x 4’ Gaylord box (or equivalent) from State surplus for any removed
abandoned cabling. The removal of the Gaylord box should be scheduled with State
surplus.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 36
2.45.
BLUE STAKE SERVICES
1. Blue Staking is the act of marking underground facilities such as electric, telephone,
cable or other underground facilities so that these networks are not damaged during
excavation, trenching or digging activities. It is a state law that all underground facilities
must be marked prior to excavation, trenching or other digging. The law is sometimes
referred to as the Underground Facilities Law or, simply, the Blue Stake Law. (ARS
Chapter 2, Article 6.3, Sections 40-360.21 through 40-360.32.) Suggestion- maybe we
need to add if there is any underground work that is being down, the Owner needs to
contact companies that are on the State of Arizona Bluestake contract to have marking
completed prior to any excavation, trenching or digging activities.
2.46.
IN BUILDING CABLING AND INTER-BUILING PRODUCTS
1. LIST OF PRODUCTS AND ANY REQUIREMENTS ASSOCIATED WITH SAID
PRODUCTS
2.46.1.1.
Cabling
2.46.1.2.
Fiber
2.46.1.3.
Patch Cords
2.46.1.4.
etc
2. MINIMUM PRODUCT REQUIREMENTS, WARRANTY,CERTIFICATIONS AND
STANDARDS
All proposed products and services shall be certified as meeting the following
standards and testing procedures, as applicable:
2.46.2.1.
ADA; ANSI; ASTM; BIFMA; etc.
2.46.2.2.
Other certifications and standards, as applicable.
3. RESPONDING TO A CUSTOMERS QUOTE REQUEST
2.46.3.1.
Site Surveys are required, at no charge, when a customer requests a
quote be provided. When the quote is provided to the customer it shall
include at a minimum the following:
•
Scope of Work.
•
Materials.
•
Labor.
•
Time Line.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 37
•
Tax is paid by the Contractor and should be included in the material cost. Per
Department of Revenue Prime Contracting Tax law, there is no tax line item
permitted on the quote.
•
Warranty.
4. INSTALLATION REQUIREMENTS
The Customers require the following detail be provided once a Contractor has been
selected to perform an Installation:
2.46.4.1.
Installation Plan.
•
Scope of Work.
•
Key Personnel.
•
Responsibilities.
•
Time Line:
•
Installation Cost.
•
Support.
•
Post installation inspection
•
Final Acceptance.
5. Key Assumptions
•
Installer will be manufacturer certified to install and terminate cable.
•
Contractor has all necessary tools to accomplish service requests.
•
Contractor understands and agrees to late night and/or overnight working hours if
needed.
6. Warranties
Every installation shall provide a 25-year warranty on any installed cabling solutions by
the product manufacturers. The extended warranty shall include, but is not limited to,
product, performance, and application guarantees.
7. COORDINATION
2.46.7.1.
Coordination with System Vendors and Contractors. Contractor shall
coordinate, as required, with all related system vendors (including the
furniture vendor) and associated contractors. Depending upon the
specific system vendors' products, the specific CCS issues can vary,
therefore Contractor shall fully coordinate with the System Vendors and
Contractors to ensure that all proper CCS is provided and installed.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 38
2.46.7.2.
Coordination with Telco System. Contractor shall coordinate, as required,
with Owner's Telecommunications Representative and related facilities
that make up a part of the building voice plant. All voice cables shall be
labeled per instructions from the Owner's Telecommunications
Representative. All cross-connects shall be coordinated with the Owner's
Telecommunications Representative.
2.46.7.3.
Coordination with Campus Fiber Facilities. Contractor shall coordinate, as
required, with Owner's Data Communications Representative regarding
all fiber facilities, which make up a part of the building data wiring plant.
2.46.7.4.
Coordination of Voice and Data Closets. Contractor shall coordinate with
all related trades and Owner's Representative to determine exact
locations for the voice and data station drop terminations within the Main
Distribution Frame (MDF) and Intermediate Distribution Frame (IDF)
closets. In general the voice and data drops specified herein home-run in
the following fashion to:
•
Same voice and data (MDF and IDF) closets; and
•
Closets in the same building as the station drop location
Exhibit 1 of Scope of Work: Specifications
FIBER AND COPPER
COMMUNICATIONS CABLING ELEMENT
A. CCS PRODUCTS GENERAL
All products shall meet all Standards Code, and Regulation requirements set forth in this specification. All
products shall comply with the labeling requirements of EIA/TIA 606 and UL 969
B. RACEWAYS
All raceways and sleeves, except as noted herein, shall be provided by Electrical Contractor per ANSI/IEEE
70 (National Electric Code) as shown on the project Drawings. Contractor shall coordinate with Electrical
Contractor.
TABLE 1-1, RACEWAYS
Raceway Location
Raceway Description
Primary Use Cable Type
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 39
Building –to-building
4” EMT
Voice, Copper
Data, Copper
Data, Fiber
Video
Lateral-
Tie
Cables (within
a building)
Cable Tray and J-Hooks
Voice, Copper
Data, Copper
Data, Fiber
Video
Riser Cables
4” EMT Sleeves
Voice, Copper
Data, Copper
Data, Fiber
Video
Station Cables
J-Hooks + Mud Rings
GYP. Board Walls
J-Hooks + Modular Raceways
Modular Walls
Wiring Closet Wall
Sleeves/Tray
1-Hour rates assembly
Fire-Rated Walls
Non-Rated 4” EMT sleeves
Non-Fire-Rated Walls
C. CABLING
Cables. All copper cables shall be per Copper Cable Specifications (as applicable), and the Project Drawings.
All voice and data station cable shall bear the UL certification for its respective EIA/TIA Category. All station
connectivity shall be provided in separate cables for each type of connectivity required. The following Table
shall be utilized by the Buying Agency to define the cabling counts for each specific Purchase Order ("TBD's
should be replaced with the specific quantities as required for each Purchase Order).
TABLE 1-2, CABLES
Raceway Location
Primary Use (Cable
Type)
Cable Pair Count
Building –to-building
Voice, Copper
N/A
Data, Copper
Data, Fiber
Video
Lateral-Tie Cables
(within a building)
Voice, Copper
MDF to each IDF on different floor
Data, Copper
Data, Fiber
Video
A/R
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 40
Riser Cables, Riser
Related
Data, Copper
MDF to each IDF on different floor
Data, Fiber
Video
1-Coax, DF to each IDF on different
floor
Station Cables,
Plenum Rated
Data or voice
Category workstation cables per
station
drop
Modular Walls
Non-Fire-Rated Walls
D. VOICE TERMINATION HARDWARE
1. General Termination Requirements
1.1
Complete 11O punch-down assemblies (66 punch-down assemblies if
applicable), include designation strip kit (AT&T 110). Colors (GREEN, BLUE)
shall be per this specification section; If applicable, complete 66 punch-down
assemblies, include designation strip kit {AT&T 66). Colors (GREEN, BLUE)
shall be per this specification section;
1.2
Include wire management means (D-rings, brackets, etc.), vertical and horizontal; and
1.3
Comply with all labeling requirements of EIA/TIA 606 and UL 969
E. DATA TERMINATION HARDWARE
1. General Termination Hardware Requirements. All data terminations shall adhere to the following
characteristics:
1.1
Equal to or exceed functional requirements of (fully compliant with) EIA/TIA
Category-6 or greater, as tested/certified by UL; and
1.2
Equal to or exceed requirements of EIA/TIA-TSB-36/40/67: UTP Connecting
Hardware 1Specification, Category.
1.3
Compliance to all labeling requirements of EIA/TIA 606 and UL 969;
1.4
All MDF/IDF terminations shall be included; Wire management means (D-rings,
brackets, etc.), vertical and horizontal;
1.5
Pairs shall be consecutively labeled at each end (MDF and IDF).
F. UNIVERSAL WORKSTATION OUTLET
1. General. All station connectivity shall terminate at the station in one (1) universal workstation
outlet (“UWO”). UWO color shall match adjacent electrical receptacle cover (or provide color
as specified by the owner's Representative). Provide and install blank plastic faceplates
(single/double-gang, matching voice/electrical faceplate color) at all station outlets (e.g.,
mud-rings or J-boxes) not used for data/voice connectivity. All data/voice outlets shall be
located per ADA standards. Contractor shall coordinate all ADA issues with the site
construction manager.
2. UWO Physical Configurations. UWO's shall be configured for wall mount, modular furniture
mount, or floor mount as follows:
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 41
2.1 Wall mount UWO:
2.1.1 Single-gang; and
2.1.2 Flush mount.
2.2 Modular furniture mount UWO:
2.2.1 Surface mounts (provide with back-box);
2.2.2 Front access; and
2.2.3 Provide with mounting bracket for specific modular furniture.
2.3 Floor mount UWO:
2.3.1 Single-gang or double gang; and
2.3.2 Flush mount.
3. UWO Manufacturers. The following manufacturers are examples of desired UWO
requirements:
3.1 Wall (single-gang flush) mount UWO: Ortronics, AVAYA AMP or equal; and
3.2 Modular furniture (surface mount) UWO: Ortronics, AVAYA AMP or equal
G. PROTECTORS
1. Outside Plant Copper Cabling Primary Surge Protectors. Primary surge protectors shall be
provided and installed at each termination (end) of all outside plant copper cabling. These
protectors shall meet or exceed the requirements of ANSI/NFPA 70, EIA/TIA 571, and UL
497/497A Primary surge protector maximum let- through voltage shall be less than the
maximum allowed for Owner's voice switch and data equipment.
2. Quantity. Quantity of protectors shall be as required to protect each pair of all
TELCO/Building-to-Building cable, at each building entry point.
3. Protector Terminal Block. Protector terminal block shall be AVAYA 188B1-100 or equivalent.
4. Plug-In Protectors. Plug-in protectors shall be AVAYA 3C1S, or equivalent.
H. CABLE TIES
1. General. Riser/ Plenum rated cable ties shall be used throughout the Work.
1.1 Velcro® style cable ties shall be used for all MDF/IDF horizontal cable bundling; and
1.2 Manufacturer.· Panduit, 3M or equivalent.
I.
"D" RINGS
1. General. "D" rings shall be metal, sized for application with 80% fill max.
1.1 Manufacturer. AVAYA 13"X" series (2',4',6') or equivalent.
J. CABLE BONDING SHIELD
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 42
1. General. Cable bonding shields shall be capable of attaching copper cables to local
grounding means, as required by ANSI/IEEE 70 (National Electrical Code).
2. Manufacturers. 3M Scotchlock series 4460, or equivalent.
3. Usage. Properly sized cable bonding shields shall be provided and installed at all
termination points for all copper:
3.1 Building-to-building cables;
3.2 Lateral cables; and
3.3 Riser cables
K. CABLE LADDERS
1. General. All Cable ladders shall be 1.5" high tubular steel, painted, with cross members on
1O" centers (Maximum). Only factory supplied hardware shall be used.
2. MDF/IDF Cable Ladders. Overhead cable ladders shall be supplied and installed in each
MDF/IDF as follows. These ladders shall be installed as a continuous, bonded, grounded
plane:
2.1 Between the plywood backboards and all associated equipment racks;
2.2 Parallel to, in front of, and above the plywood backboard; and
2.3 Parallel to, in front of, and above equipment racks
3. Arrangement. All ladders shall be arranged to provide:
3.1 Continuous cable support from the rack/cabinet mounted equipment to the backboard
3.2 6" vertical cable-restraining posts at each internal corner of the ladder-system.
4. Configuration. All ladders shall be bonded at each section and grounded at both ends. All
ladders shall be grounded per NEC requirements for electrical equipment housings.
L. EQUIPMENT RACKS/CABINENTS
1. MDF Racks. EIA 19" wide, 7" tall, racks shall be supplied and installed in each MDF by
Contractor. Each rack shall be grounded per NEC requirements for electrical housings. All
racks shall be physically secured via anchoring to the sub-flooring.
2. IDF Racks. 19" wide, 7" tall, racks shall be supplied and installed per Owner reviewed shop
drawings that are specific to each IMDF.
3. IDF Cabinets. When space limitations require that a wall mounted cabinet be used rather
than racks, provide an install one (1) each equipment cabinet per IDF. Wall mount cabinets
must adhere to OSHA clearances.
4. Rack Construction. MDF/IDF racks shall be fabricated from, 6061 aluminum alloy, with
EIA/TIA standard 19" drilled and tapped hole pattern, self-supporting.
5. Interior Cabinet Construction. MDF/IDF cabinets shall be sectional, wall mount type,
constructed to NEMA 1 standards with baked enamel finish and lockable door. Cabinet shall
have standard EIA 19" vertical mounting members (drilled and tapped holes) with a
minimum of 15" dept. Height shall be as required for the application, with a minimum of 30".
Construction shall allow for venting of heat generated by internal electronic equipment,
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 43
knock-outs top and bottom, and a "swing-out" design such that connections at rear of
electronic equipment can be accessed. Locks on all cabinets shall have the same key.
6. Exterior Cabinet Construction. Cabinet shall have standard EIA 19" vertical mounting
members (drilled and tapped holes) with a minimum of 15" dept. Height shall be as "swing-
out" design such that connections at rear of electronic equipment can be accessed. Locks
on all cabinets shall have the same key. Cabinets shall be CPI or equivalent w/ fan.
M. EQUIPMENT SHELVES:
MDF/IDF Equipment Shelves. Unit pricing shall be provided for equipment shelves installed.
N. PATCH CORDS
1. General
1.1 Compliance. Compliance to all labeling requirements of EIA/TIA 606 and UL 969
1.2 Certifications. Tested and certified to EIA/TIA Category-6 or greater requirements
1.2 Patch chords shall labeled as follows in 3 lines:
1.2.1 Switch
1.2.2 Port
1.2.3 Jack
e.g. SW-4 PORT-38 19B-3
2. Requirements
2.1 Length: Length of patch cords shall be:
2.1.1 Sufficiently long to provide proper connectivity;
2.1.2 Uniform for each type of application; and
2.1.3 Actual lengths shall be jointly determined by Owner and Contractor.
2.2 Labeled:
2.2.1 Each patch cord shall be labeled at each end (within 3" connector);
2.2.2 Labels shall be unique, consecutive numbers; and
2.2.3 Label construction shall be as specified herein.
2.2.4 8” small diameter patch cords do not require a label, unless Owner requests
labeling.
2.3 Functional Characteristics:
2.3.1 Equal to or exceed functional requirements of specific protocol(s) intended for
use; and
2.3.2 Equal to or exceed requirements of specification.
2.4 Factory made-up, tested, and certified for EIA/TIA Category.
O. FIBER OPTIC FAN-OUT KITS
1. General. Contractor shall provide fiber-optic cabling fan-out kits at all riser fiber cable
terminations.
2. Manufacturers. Acceptable manufacturers are:
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 44
2.1 Siecor fan-out kits; and
2.2 Or functional equivalent
P. VERTICAL WIRE MANAGEMENT
1. General. Contractor shall provide vertical wire management on each side of all racks. At
minimum (1) vertical wire manager must be installed on every equipment rack and must
have a cover.
2. Manufacturers. Acceptable manufacturers are:
2.1 Ortronics, Panduit; and
2.2 Or functional equivalent
Q. HORIZONTAL WIRE MANAGEMENT
1. General. Contractor shall provide horizontal wire management above and below every patch
panel and switch wire management must have covers on all racks with patch panels.
Horizontal wire management is not required for a patch panel, switch, patch panel rack
configuration.
2. Manufacturers. Acceptable manufacturers are:
2.1 Panduit or equivalent; and
2.2 Or functional equivalent
R. ELECTRICAL POWER TERMINAL STRIPS
1. General. All terminal strips shall be UL listed (1449), with TVSS, thermal overload means,
on/off switch, and twelve (12) each (NEMA 5-15 R1) power sockets. All terminal strips shall
be firmly attached to their intended mounting surface, and ground referenced to the same
grounding point as the associated signal ground reference. TVSS max let-through voltage
rating shall be 400 V per UL 1449.
2. Quantity of Power Terminal Strips:
2.1 MDF 1 ea. Power Strip per rack, mounted at bottom of each rack;
2.2 IDF 1 ea. Power Strip per rack, mounted at bottom of each rack or cabinet; and
3. Power Cord Length. Power cord(s) shall be sufficiently long to safely reach available power
socket and be tie-wrap attached to the rack, cable tray, and backboard, 10-foot minimum.
S. CONDUIT BUSHINGS
1. General. All conduit and sleeve insulating end bushings shall be UL approved.
2. Quantity. Contractor is responsible for inspecting all conduits and sleeves prior to cable
pulling and fitting insulating end bushings on all conduits and sleeve ends that are not so
equipped.
T. CABLE LABELS
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 45
1. General. Permanent, legible, cable labels shall be provided and installed at the CCS cabling
points identified within this specification, including each-end of all riser, lateral, station, and
patch cables: All cable labels shall comply with the labeling requirements of EIA/TIA 606
and UL 969. Cable labels must be placed on both ends of the installed cabling.
2. Types. Acceptable cable types are:
2.1 Shrink wrap; and
2.2 Pre-Approved equivalents.
3. Manufacturers. Acceptable cable label manufacturers are:
3.1 Panduit, Brady; and
3.2 3M.
U. FIBER OPTIC CABLING
1. General. All fiber optic cabling shall be per Specification provided by the Owner.
2. Quantity. Fiber optic cabling quantities and lengths shall be as required by the Owner's
Representative.
V. FIBER OPTIC CABLING TERMINATION HARDWARE
1. Fiber optic connectors: Connectors shall be SC/LC/MPO type with the following
characteristics:
1.1 Loss. Mated pair loss (without rotational optimization) shall not exceed:
1.1.1 1.5 dB maximum for multimode cable at 850 nm;
1.1.2 1.5 dB maximum for multimode cable at 1300 nm;
1.1.3 0.5 dB maximum for single mode cable at 850 nm; and
1.1.4 0.5 dB maximum for single mode cable at 1300 nm.
2. Pull Strength. Pull strength between connectors and attached fiber shall be 50 lbs.
minimum.
2.1 Types. Acceptable types are: fused pig-tails w/ factory installed connectors;
3. Manufacturers. Acceptable manufacturers are:
3.1 AVAYA, AMP;
3.2 Siecor; or equivalent;
3.3 Or equivalent.
W. FIBER OPTIC PATCH PANELS
1. General. All fiber optic cables entering each termination room (e.g., MDF, IDFs), shall
terminate on fiber optic patch panels and associated hardware shall:
1.1
Provide and integrated connector panel;
1.2
Provide a splice shelf for storage of 20 feet of fiber;
1.3
Accept all major connector types (SC, LC and MPO);
1.4
Provide a splice cradle that will accept fusion.
1.5
Allow top and bottom cable entry;
1.6
Mount on an industry standard EIA 19" rack or wall;
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 46
1.7
Provide power and signal grounding capability per the NEC; and
1.8
Be suitable for terminating, interconnecting, splicing and testing
2. Types. Acceptable types are:
2.1 Painted, aluminum; and
2.2 Pre-Approved equivalents
3. Manufacturers. Acceptable manufacturers are:
3.1 Connector or high density cassette-based panel housings;
3.1.1 Panduit, Corning Siecor CPH-072, or equivalent.
3.2 Multimode connector panels;
3.2.1 Panduit, Corning, or equivalent.
3.3 Single mode connector panels;
3.3.1 Panduit, Corning, or equivalent.
X. FIBER OPTIC PATCH CORDS
1. General. Fiber optic patch cord quantities and lengths shall be as required by the Owner's
Representative.
Y. POWER POLES
1. General. All power poles shall be UL listed, with a minimum of two (2) shielded cavities that
run the entire length of the power poles. Pre-punched knock-outs shall be provided near the
bottom of each power pole (per ADA requirements).
2. Types. Acceptable types are:
2.1 Painted, aluminum extrusions; and
2.2 Pre-Approved equivalents.
3. Manufacturers. Acceptable manufacturers are:
3.1 Wiremold Series 30TP2V; and
3.2 Or equivalent.
Z. POKE-THROUGHS
1. General. All poke-throughs shall be UL listed as a minimum of 1-hour fire stop, and have
a minimum of one (1) ¾" opening for CCS cable to penetrate through the fire-stopped assembly.
Actual fire-stop rating shall be equal to the rating of the floor in which the particular fire-stop is
utilized.
2. Types. Acceptable types are:
2.1
All UL listed poke-throughs.
AA.
SURFACE-MOUNTED RACEWAYS
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 47
1. General. Surface-mounted raceways shall be designed and manufactured
specifically for CCS applications and shall be UL listed for that purpose.
2. Types. Acceptable types are:
2.1
Metallic; and
2.2
Non-metallic.
3. Manufacturers. Acceptable manufacturers are:
3.1
Panduit, Type LD;
3.2 Wiremold, Uni-duct series; and
3.3 Or functional equivalent.
AB.
SPLICE CASES
1. General. Contractor shall provide splice cases for all indoor entrance splices
2. Manufacturers. Acceptable manufacturers are:
2.1
AT&T, Type 2000FR; and
2.2
Or functional equivalent
AC. CERTIFICATION IN WRITING. All warranties and/or guarantees shall be certified in writing.
1. 15-Year Guarantee
Guarantee that the Category- 6 or greater Cable Plant, which is installed at the
OWNER'S FACILITY, has been done in accordance with these specifications,
and that the work as installed will fulfill the requirements of those specifications.
Agree to repair or replace any or all of our work, together with any other adjacent
work which may be displaced by so doing that may prove to be defective in its
quality of materials, ordinary wear and unusual abuse or neglect excepted.
2. Warranty
Warranty that the Category- 6 or greater Cable Plant, which is installed at the
OWNER'S FACILITY has been done in accordance with all associated
manufacturer's requirements such that a valid one year Category- Cable Plant
Warranty has been issued by all the associated manufacturers.
AD. FIBER OPTIC GENERAL
1. This specification defines fiber optic cable for inter-building (outside) and
intra-building (inside) applications. Actual usage of cable types and quantities
of conductors shall be as stated in the Contract Documents and as required
for the described physical connectivity requirements.
2. PRODUCTS
2.1
Major Elements. The fiber optic cable shall consist of, but not be
limited to, glass-fiber sub-cables, dielectric fillers, strength-member, and
protective outer sheathing;
2.2
Type. All cables shall meet ANSI/NFPA-70 requirements and be
UL listed for Types OFN or OFNR, as specified by the controlling
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 48
document, and as required by the ANSI/NFPA-70 application
requirements and local codes for specific application conditions;
2.3
Construction. All fiber optic cables utilized for outside plant
applications shall be of the loose tube construction type. All fiber optic
cables utilized for inside plant applications shall be of the tight-buffered
construction type;
-
2.4
Core Design. Core design shall be loose-tube type, with no more
than six (6) fibers per tube, up to 14 tubes. When more than 14 loose tubes are required
to meet the fiber-count, there shall be no more than twelve (12) fibers per tube;
2.5
Sub-cables. Single fiber optic sub-cables shall consist of optical
fiber(s) surrounded by a synthetic yarn strength-member and a color-
coded jacket. Each fiber shall have a uniquely colored jacket;
2.6
Tensile Strength-Member. Fiber optic cables with more than four
(4) sub-cables shall be assembled by:
2.6.1 Stranding sub-cables and any fillers around a central, non-
buckling, strength-member, or
2.6.2 Support strands surrounding the optical fibers·
Any given sub-cable shall contain either 50/125 (micron)
multimode fibers or single-mode fibers, as specified in the
Construction Drawings and Specifications, and required to support
the specified connectivity level.
2.7
Outer Jacket. Fiber optic cable outer jacket shall be smooth and
free from holes, splits, blisters, and other surface flaws. Outer jacket shall
be flame retardant; and
2.8
Surface Markings. Fiber optic cable surface markings shall be as
required by the NEC for the type of cable, and shall include the cable
manufacturer's name. Markings shall be repeated on 18" +/- intervals
throughout the length of the cable.
AE. MULTIMODE FIBER OPTIC CABLE FIBERS
1.
Core Type. Multimode fiber optic cable fiber-core type shall be graded-index glass.
2.
Performance Requirements. Multimode fiber optic cable fibers shall meet or exceed the
following parameters after cabling:
2.1
Core Diameter:
50 +/- 3 microns;
2.2
Clad Diameter:
125 +/- 3 microns;
2.3
Numerical Aperture: 0.29;
2.4
Maximum Attenuation per km (-40 to 70 C); and 850 nm 4.0 dB
1300nm 2.5 dB
2.5
Minimum Bandwidth: 850 nm 160 MHz
1300 nm500 MHz
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 49
AF. SINGLE-MODE FIBER OPTIC CABLE FIBERS
1.
Core Type. Single-mode fiber optic cable fiber-core type shall be graded-index
glass.
2.
Performance Requirements. Single-mode fiber optic cable fibers shall meet or
exceed the following parameters after cabling:
2.1
Mode Field Diameter: 9-11 microns;
2.2
Core-Clad Offset:
+/- 1 micron;
2.3
Clad Diameter:
125 +/- 3 microns, individual fiber+/- 0.5 micron;
2.4
Maximum Bandwidth:
1300 nm
1.0 dB
1500 nm
1.0 dB;
2.5
Minimum Bandwidth:
1300 nm
600 MHz; and
2.6
Maximum Pulse Dispersion:
1285 to 1330 nm
3.5 PS/nm-km
1530 to 1570 nm
20 PS/nm-km
AG. OUTSIDE FIBER OPTIC CABLE
1.
General. Outside fiber optic cable shall be suitable for outside use between
buildings in a campus environment. It shall be suitable for runs in buried conduits and aerial
units.
2.
Armor Sheath. Laminated non-metallic sheath shall be provided.
3.
Temperature Range. Minimum cable temperature ranges shall be as follows:
3.1
Operating Range: -20 to 70 C; and
3.2
Storage Range: -20 to 70 C
4.
Minimum Pulling Tensile Strength. Minimum cable tensile strength shall be 2500
newtons (N).
5.
Maximum outside Diameter. Maximum cable outside diameter (OD) shall be
consistent with its utilization in industry standard innerduct.
6.
Minimum Bend Radii. Minimum cable bend radii shall be:
6.1
No Load:
10 times cable OD; and
6.2
Maximum Tension:
20 times cable OD
7.
Fiber Identification. Fibers shall be color coded (by fiber) and marked or color-
coded by group of fibers.
8.
Crush Resistance. Cable crush resistance shall be:
8.1
Tight buffer:
300 N/cm
8.2
Loose Tube: 50 N/cm
9.
Cyclic Flex Resistance. Cable shall be capable of 2000 flex cycles per EIARS-
455, without optical degradation.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 50
10.
Moisture Resistance. Fiber optical and mechanical performance shall not be
degraded and the cable shall not be damaged in any way by long-term
immersion in ground water.
11.
Fungus Resistance. Cable outer jacket shall be fungus inert.
12.
Sunlight/UV Resistance. Cable outer jacket shall be suitable for long-term
exposure to sunlight and weather, with a life expectancy greater than 20 years.
13.
Outside Plant Fiber optic Cable. Outside plant fiber optic cable shall be Corning,
General Cable or equivalent. Outside plant fiber optic cable is not required to be
"gel filled" for short runs e.g., as between buildings of less than 100 meters
where continuous conduit is provided.
AH. INSIDE FIBER OPTIC CABLE
1.
General. Inside fiber optic cable shall be suitable for intra-building use, per the
NEC. It shall be suitable for runs in metallic conduits, nonmetallic conduits, and
innerduct-only runs.
2.
Sheath. Polyethlyene or copolymer sheath shall be provided per NEC
requirements for the specific application, e.g., plenum or non-plenum grades.
3.
Temperature Range. Minimum cable temperature ranges shall be as follows:
3.1
Operating Range: -20 to 70 C; and
3.2
Storage Range: -20 to 70 C
4.
Minimum Pulling Tensile Strength. Minimum pulling tensile strength shall be 2500
newtons (N).
5.
Maximum outside Diameter. Maximum cable outside diameter (OD) shall be
consistent with its utilization in industry standard innerduct.
6.
Minimum Bend Radii. Minimum cable bend radii shall be:
6.1
No Load:
10 times cable OD; and
6.2
Maximum Tension:
20 times cable OD
7.
Fiber Identification. Fiber identification shall be by color coding (by fiber) and
marked or color coded by group.
8.
Crush Resistance. Cable crush resistance shall be:
8.1
Tight buffer:
300 N/cm
8.2
Loose Tube:
50 N/cm
9.
Cyclic Flex Resistance. Cable shall be capable of 2000 flex cycles per EIA RS-
455, without optical degradation.
10.
Moisture Resistance. Fiber optical and mechanical performance shall not be
degraded and the cable shall not be damaged in any way by long-term
immersion in ground water.
11.
Fungus Resistance. Cable outer jacket shall be fungus inert.
12.
Riser Fiber optic Cable. Riser fiber optic cable shall be Corning, Panduit, General
Cable or equal, per ANSI/NFPA-70 Art. 770- 6.
13.
Workstation Fiber optic Cable. Workstation fiber optic cable shall be Corning,
Panduit, General Cable or equivalent, per ANSI/NFPA-70.
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 51
14.
Patch-Cable Fiber optic Cable. Patch-cable fiber optic cable shall be Panduit Low
Smoke Zero Halogen (LSZH), or equivalent.
AI. PRODUCTS
1.
Construction elements. The copper cable shall consist of, but not be limited to,
copper conductor and dielectric insulation, with color codes as required. Copper
cable shall be suitable for intra-building use, per the ANSI/NFPA-70.
2.
Type. All cables shall meet the current National Electrical Code and be UL listed
for the Types as required by the ANSE/NFPA-70 per application, location, and
service conditions.
3.
Outer Jacket. Copper cable outer jacket shall be smooth and free from holes,
splits, blisters, and other surface flaws. Sheath shall be provided per
ANSI/NFPA-70 requirements for the specific application, e.g., general purpose,
riser, or plenum.
4.
Surface Markings. Copper cable surface markings shall be as required by the
ANSI/NFPA-70 for the type of cable, and shall include the cable manufacturer's
name. Markings shall be repeated on the 18" +/- intervals throughout the length
of the cable.
5.
Moisture Resistance. Electrical and mechanical performance shall not be
degraded and the cable shall not be damaged in any way by long-term exposure
to 95% RH, with condensation.
6.
Fungus Resistance. Cable outer jacket shall be fungus inert.
7.
Sunlight/UV Resistance. Cable outer jacket shall be suitable for long-term
exposure to sunlight and weather, with a life expectancy greater than 20 years.
8.
Temperature Range. Minimum cable temperature ranges shall be as follows:
8.1
Operating Range: -20 to 70 C; and
8.2
Storage Range: -20 to 70 C
AJ. RISER COPPER CABLE
1.
Ratings. Riser copper cable shall be per BELL DESIGN" ARMM, with:
1.1
Non-Plenum:
UL types CM, or CMR, per ANSI/NFPA-70 Article 800-3(d); and
1.2
Plenum: UL type CMP, per ANSI/NFPA-70 Article 800-3(d)
2.
Characteristics. Riser copper cable shall have the following characteristics:
2.1
Gauge: 24AWG; or 28AWG
2.2
Impedance: 100 ohms above 1 MHz, nominal;
2.3
Attenuation: 0.8 dB/100 ft.; and
3.
Unshielded Twisted Pair (UTP) Data Workstation Cabling:
3.1
Ratings. UTP workstation data cable shall be EIA/TIA TSB-36 Category-6
or greater:
3.1.1 Non-Plenum: UL types CM or CMR
3.1.2 Plenum: UL types CMP, per ANSI/NFPA-70 Article 800-3(d)
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 52
4.
Characteristics. UTP workstation data cable shall have the following
characteristics:
4.1
Gauge: 24 AWG, or 28AWG
4.2
DC Resistance (Norn): 20-30 Ohms/1000 ft
4.3
Impedance (Norn):
100 +/- 15 ohms from 1 to 16 MHz
5.
Manufacturers. The following manufacturers are acceptable:
5.1
Com Scope, Berk-Tek, Panduit, or Belden or equal
6.
Patch-Cable Copper Cable:
6.1
General. All data patch-cables shall utilize twisted pair cabling, with stranded
copper conductors, and having an EIA/TIA TSB-36 Category-6 rating, except for
impedance, which shall range within the acceptable Category 4 tolerances. Cables shall
be inspected specifically for the maintenance of the required level twisting at each
connector location. Untwisted (e.g., silver satin) patch cords are expressly not allowed.
Unshielded patch-cable copper cables shall be as follows:
6.1.1
Unshielded Data Patch-Cables. Shall be UL types CM or CMR.
Conductor size shall be 24 AWG, or 28AWG.
7.
Coax Cable. Coax CATV cable shall be RG6NRG11/RG58 (rated to 900 MHz),
with:
7.1
Dielectric:
PE
7.2
Shielding:
2-inner shields (1-foil, 1-braid) plus 1 outer braid shield
7.3
Jacket: Plenum rated
7.4
Impedance:
75 ohm
AK. SAFETY
1.
Safety Issues. Contractor and Owner shall adhere to all applicable health, safety,
and environmental laws, rules, and regulations, including the Occupational Safety and
Health Administration (OSHA) Rules and Regulations (hereafter referred to as Safety
Regulations). Owner does not contemplate nor include as an undertaking of the
Contractor, unless specified in writing, work in any area where a hazardous substance is
present. Hazardous substance means any substance regulated by any Safety
Regulation and includes, but is not limited to, asbestos in either a friable or non-friable
condition. Contractor shall cease all operations in any area where the existence of a
hazardous substance is encountered, and shall immediately notify Owner in writing.
Contractor shall not re-initiate work in or around identified hazardous substance areas
prior to receiving written permission from Owner. All safety issues relating to hazardous
substances shall be solely administered between Owner and Contractor. It is solely the
Contractor's responsibility to assure that all installation personnel are familiar with safety
procedures, identification of hazardous substances, and proper operation of related
equipment.
1.
Deliverables
2.
Exhibits
Scope of Work
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21)
Page 53
2.1.
X
2.2.
X
Pricing Document
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 54
Pricing Document
1.
Compensation method
Contractor will be compensated based on the final detailed written quote approved by the
Customer.
2.
Pricing
2.1.
Contractor’s Best Pricing. Supplier warrants that, for the term of the Contract, the
prices and discounts set out in BPM004541 Solicitation Attachment 12 - Pricing
Document, including any subsequent agreed amendment to it (the “Contract Pricing”),
will be equal to or better than the lowest prices and largest discounts, both separately
and in combination, at which Contractor sells equivalent services, items of equipment
and materials.
2.1.1.
That price-plus-discount equivalence (“Contractor’s Best Pricing”) is intended to
be irrespective of whether or not those other sales have special purchase terms,
conditions, rebates or allowances.
2.1.2.
If Contractor’s Best Pricing for equivalent services, items of equipment and
materials is better than the Contract Pricing, then Contractor agrees to adjust the
Contract Pricing to match the Contractor’s Best Pricing for all sales related to the
Contractor made after the date when the Contractor’s Best Pricing was first
better than the Contract Pricing.
2.1.3.
For clarification of intent, that date is intended to be the date when the difference
first occurred, which might have been before the difference was first identified. If
it was before, then Supplier agrees to charge at less than the Contract Pricing
until the extended difference that would have been realized (i.e., if the
Contractor’s Best Pricing had been applied when it should have been) has been
settled.
2.2.
Pricing is all-inclusive, including any ancillary fees and costs required to accomplish the
Scope of Work and all aspects of Contractor’s offer as accepted by State. Details of service
not explicitly stated in the Scope of Work or in Contractor’s Offer, but necessarily a part of,
are deemed to be understood by Contractor and included herein. All administrative,
reporting, or other requirements, all overhead costs and profit and any other costs toward
the accomplishment of the requirements in the Contract are included in the pricing
provided.
2.3.
Price Increase. The State may review a fully documented request for a price increase. The
requested increase shall be in writing and be based upon a cost increase to the contractor
that was clearly unpredictable at the time of the offer and is directly correlated to the price
of the product concerned. Contractor must provide conclusive evidence of a need for any
Pricing Document
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 55
price increases such as being substantiated by the Producer Price Index, Consumer Price
Index, or similar pricing guide.
2.3.1.
Initial Contract prices will be honored for one year after award of Contract.
2.3.2.
All written requests for price adjustments made by the contractor shall be initiated
thirty (30) days in advance of any desired price increase to allow the State
sufficient time to make a fair and equitable determination to any such requests.
This may be waived upon proper documentation demonstrating the urgency of
the request.
2.3.3.
All price adjustments will be implemented by a formal contract amendment. State
shall determine whether the requested price increase or an alternate option is in
the best interest of State.
2.4.
Price Reductions. Price reductions shall be immediately passed along to State and may
be submitted in writing to State for consideration at any time during the Contract period.
The contractor shall offer State a price reduction on the Contract product(s) concurrent with
a published price reduction made to other customers. The State at its own discretion may
accept a price reduction. The price reduction request shall be in writing and include
documentation showing the actual reduction of cost. Sales promotions requests shall
include difference in pricing, begin, and end date of promotion along with the products
covered.
2.5.
Additional Charges. Any charges or fees not delineated in the Contract may not be added,
billed, or invoiced under the Contract.
2.6.
Travel. Contractor shall get written approval prior to any travel under the Contract in which
reimbursement of expenses will be requested. Contractor will be reimbursed for actual
expenses incurred in accordance with the current rates specified in the State's Travel
Policy. Contractor shall itemize all per diem and lodging charges. State Travel Policy,
including State rates, may be located at https://gao.az.gov/travel. The Eligible Entity /
Customer shall reject any claim for travel reimbursement without prior written approval.
3.
Funding
No particular funding considerations apart from paragraph 4.4 Availability of Funds for the Next
State fiscal year and 4.5 Availability of Funds for the current State fiscal year of the Uniform Terms
and Conditions have been identified as of the Solicitation date.
4.
Invoicing
4.1.
Invoices Go To Buying Entity. Contractor shall submit all billing notices or invoices to the
ordering Eligible Entity/Customer (e.g. Eligible Agency or Co-Op Buyer) at the address
indicated on the applicable Order document or by utilizing the Buying Entity’s purchasing
tool/process.
Pricing Document
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 56
4.2.
Minimum Invoice Requirements. Every invoice must include the following information:
4.2.1.
Bill-to name and address
4.2.2.
Contractor name and contact information
4.2.3.
Remit-to address
4.2.4.
Invoice number and date
4.2.5.
State contract number
4.2.6.
Order number (APP PO number)
4.2.7.
Date the services performed
4.2.8.
Applicable payment terms
4.2.9.
Material or Service description (Itemized)
4.2.10.
Quantity delivered or performed
4.2.11.
Line item unit of measure
4.2.12.
Item price
4.2.13.
Extended pricing
4.2.14.
Taxes (as a separate invoice line item)
4.2.15.
Mailing fees (if applicable)
4.2.16.
Total invoice amount due
4.3.
No Invoice Without Authorization. Contractor shall not seek payment for any:
4.3.1.
Materials or Services that have not been authorized on an acknowledged Order;
4.3.2.
Expediting, overtime, premiums, or upcharges absent State’s express prior
approval; or
4.3.3.
Materials or Services that are the subject of a Contract Amendment that has not
been fully signed.
4.4.
Submitting Invoices. Contractor shall submit an invoice to the ordering Eligible Agency or
Co‑Op Buyer using the form and/or process provided or required by the order ing Eligible
Entity/Customer (Eligible Agency or Co-Op Buyer). Every invoice must be signed by
Contractor’s authorized representative and accompanied by all supporting information and
documentation required by the Contract and applicable laws.
4.5.
Defective Invoices. Without prejudice to its other rights under the Contract or further
obligation to Contractor, the ordering Eligible Entity/Customer (Eligible Agency or Co-Op
Buyer) may, at its discretion, reject any materially defective invoice.
4.5.1.
The ordering Authorize Entity/Customer (Eligible Agency or Co-Op Buyer) shall
notify the Contractor within 5 (five) business days after receipt if it determines an
invoice to be materially defective.
4.5.2.
Invoices will be deemed automatically rejected upon delivery if they:
Pricing Document
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 57
4.5.2.1.
are sent to an incorrect address;
4.5.2.2.
do not reference the correct State contract or APP Order number; or
4.5.2.3.
are payable to any Person other than the Contractor.
4.5.3.
The ordering Eligible Entity/Customer (Eligible Agency or Co-Op Buyer) will have
no obligation to pay against a defective invoice unless and until Contractor has
re-submitted it free of defects.
5.
Payments
5.1.
Payment. The applicable Eligible Agency or Co-Op Buyer shall pay undisputed amounts
due to Contractor within the time period specified in Section 4.0 Costs and Payments of
the Uniform Terms and Conditions
5.2.
Joint checks or direct pay. Applicable Eligible Agency or Co-Op Buyer may, but is under
no obligation to, pay by joint check or to pay directly to any Subcontractor or other creditor
to whom any portion of Contractor’s requested payment is owed.
5.3.
Recovery of overpayment. If applicable, Eligible Agency or Co-Op Buyer determines that
an over-payment has been made to Contractor on any prior invoice, it shall inform
Contractor of the amount and date of the overpayment and may deduct the overpaid
amount from amounts then or thereafter due to Contractor.
5.4.
Payment to subcontractors. Contractor shall make payment of all undisputed amounts due
to Subcontractors within thirty (30) days of receipt of funds from applicable Eligible Agency
or Co-Op Buyer applicable to their services.
5.5.
Purchasing card. Applicable Eligible Agency or Co-Op Buyer may pay invoices for some or
all Orders using a purchasing card. Any and all fees related to payment using a Purchasing
Card are the responsibility of the Contractor. Unless otherwise stated in the Contract there
will be no additional fees or increase in prices associated with this method of payment.
5.6.
Automated clearing house. Applicable Eligible Agency or Co-Op Buyer may pay invoices
for some or all Orders through an Automated Clearing House (ACH). In order to receive
payments in this manner from Eligible Agencies, the Contractor must complete an ACH
Vendor Authorization Form (form GAO-618) within 30 (thirty) days after the effective date
of the Contract. The form is available online at: https://gao.az.gov/afis/vendor-
information
6.
Exhibits to the Pricing Document
See ‘BPM004541 Solicitation Attachment 12 - Pricing Document’
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 58
Special Terms and Conditions
The Special Terms and Conditions modify the Uniform Terms and Conditions and its Appendices. It can modify them by
replacing, deleting, appending to, or revising the text of an existing provision or by inserting a new paragraph into an existing
article. No other document modifies or adds to the Uniform Terms and Conditions, except as may subsequently be otherwise
and expressly agreed and incorporated by Contract Amendment.
1.
Definition of Terms and Acronyms: As used in the Contract, the terms listed below are defined as
follows:
1.1.
Acceptance: The document titled “Offer and Acceptance Form” bearing the State contract
number once Procurement Officer has signed it to signify (1) State’s formal acceptance of
the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the foregoing
is not to be confused with the term “acceptance” used throughout the Contract in the context
of delivery, inspection, etc., with respect to Materials or Services.
1.2.
Accepted Offer:
1.2.1.
If State did not request a Revised Offer, then “Accepted Offer” means the Initial
Offer.
1.2.2.
If State requested a Revised Offer but not a Best and Final Offer, then “Accepted
Offer” means the latest Revised Offer.
1.2.3.
If State requested a Best and Final Offer, then “Accepted Offer” means the Best
and Final Offer.
1.3.
Arizona Procurement Code, Arizona Revised Statutes (A.R.S.) and Arizona Administrative
Code (A.A.C.) are each defined in the Instructions to Offerors.
1.4.
Arizona Transaction Privilege Tax (TPT): For information, refer to the Arizona Department of
Revenue (DOR) website at: https://www.azdor.gov/business/transactionprivilegetax.aspx
1.5.
Attachment. Any item that:
1.5.1.
The Solicitation required Offeror to submit as part of the Offer (e.g., Initial Offer,
Revised Offer, or Best and Final Offer);
1.5.2.
Was attached to an Offer when submitted; and
1.5.3.
Was included in the Accepted Offer.
1.6.
Arizona Strategic Enterprise Technology Office (“ASET”). The Arizona Strategic Enterprise
Technology (ASET) Office develops and executes the statewide information technology
strategy, while also providing capabilities, services, and infrastructure to ensure the
continuity of mission-critical and essential systems. In alignment with the strategic missions
of state agencies, the goal of ASET is to transform Arizona into a nationwide leader of
advanced IT strategies, methodologies, services, and business processes.
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 59
1.7.
Pricing Document. The Pricing Document Section of the Solicitation Requirements document
of the Solicitation Documents, provided that, if there is no such Section in the Contract, then
“Pricing Document” is to be construed as referring to whatever item in the Contract contains
the contracted pricing and payment provisions.
1.8.
Contract Amendment. A document signed by the Procurement Officer that has been issued
for the purpose of making changes to the Contract after execution.
1.9.
Contract Terms and Conditions. The Special Terms and Conditions and the Uniform Terms
and Conditions taken collectively.
1.10.
Contractor. The Person identified on the Accepted Offer who has entered into the Contract
with the State.
1.11.
Contractor Indemnitor. Contractor or any of its owners, officers, directors, agents,
employees, or Subcontractors.
1.12.
Co-Op Buyer. A member of the State Purchasing Cooperative that has entered into a
“Cooperative Purchasing Agreement” with the Arizona Department of Administration State
Procurement Office under A.R.S. §41-2632. Unless there is an applicable Cooperative
Purchasing Agreement in effect at the time, a State Purchasing Cooperative member cannot
be a Co-Op Buyer. For reference, “Co-Op Buyer” is to be construed as encompassing an
“eligible procurement unit” under A.A.C. R2-7-101(23).
NOTE: Membership in the State Purchasing Cooperative is open to all Arizona political
subdivisions, including cities, counties, school districts, and special districts. Membership is
also available to non-profit organizations, other state governments, the federal government
and tribal nations. For reference, “non-profit organizations” are defined in A.R.S. § 41-
2631(4) as any nonprofit corporation as designated by the IRS under Section 501(c)(3)
through 501(c)(6) of the tax code.
1.13.
Communications Cabling Systems (“CCS”). All low voltage cabling including voice, data,
video, and Internet of Things (“IoT”) cabling infrastructure.
1.14.
Eligible Agency.
1.14.1.
If the Special Terms and Conditions indicate that the Contract is a “single-agency”
contract, then “Eligible Agency” means the particular State of Arizona agency,
university, commission, or board identified therein.
1.14.2.
If the Special Terms and Conditions indicate that the Contract is a “statewide”
contract, then “Eligible Agency” means any State of Arizona department, agency,
university, commission, or board.
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 60
1.14.3.
If the Special Terms and Conditions indicate that the Contract is a “statewide” and
“cooperative” contract, then “Eligible Agency” means any State of Arizona
department, agency, university, commission, board or any Co-Op Buyer.
1.15.
Fire Stopping. The application of material, or combination of materials, to retain the integrity
of time-rated construction by maintaining an effective barrier against the spread of flame,
smoke, and gases. It shall be used in specific locations as follows:
•
Duct, cables, Conduit, and piping penetrations through time-rated partitions or
firewalls;
•
Opening and penetrations in time-rated partitions or firewalls containing fire doors;
and
•
Locations where specifically shown on the drawings or where specified in other
sections
1.16.
Intermediate Distribution Frame communications closet (“IDF”)
1.17.
Indemnified Basic Claims. “Indemnified Basic Claims” means any and all claims, actions,
liabilities, damages, losses, or expenses, including court costs, attorneys’ fees, costs of claim
processing, investigation and litigation for bodily injury or personal injury, including death, or
loss or damage to any real or tangible or intangible personal property, collectively.
1.18.
Instructions to Offerors. “Instructions to Offerors” means the Solicitation Instructions
document of the Solicitation.
1.19.
Main Distribution Frame communications closet (“MDF”)
1.20.
Order. The instrument by which the State authorizes a Contractor to perform some or all of
the Work. Whether the Contract will have one Order or many Orders depends on the scope
of the Contract and how the State will use it. The Special Terms and Conditions provide that
information. Any of the following are construed as being an “Order”:
1.20.1.
“Release” or “Release Purchase Order: in The State’s e-Procurement System;
1.20.2.
“task order,” “service order,” or “job order” when a Release Purchase Order for
Services has already been created in The State’s e-Procurement System; or
1.20.3.
“purchase order” for buying by Co-Op Buyers, if co-op buying applies
1.21.
The State’s e-Procurement System. The State’s official electronic procurement system,
established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of
Administration State Procurement Office policy document Technical Bulletin No. 020, The
State’s e-Procurement System–The Official State eProcurement System. Technical Bulletin
No. 020 is available online at:
https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 61
1.22.
State. With respect to the Contract generally, “State” means the State of Arizona and its
department, agency, university, commission, or board that has executed the Contract. With
respect to administration or rights, remedies, obligations and duties under the Contract for a
given Order, “State” means each Eligible Agency or Co-Op Buyer who has issued the Order.
1.23.
State Indemnitees. Collectively, the State of Arizona, its departments, agencies, universities,
commissions, and boards and, and their respective officers, agents, and employees.
1.24.
Subcontractor. A.R.S. §41-2503(38), which, for convenience of reference only, is “… a
person who contracts to perform Work or render service to … [C]ontractor or to another
[S]ubcontractor as a part of a contract with a state governmental unit . . .” The Contract is to
be construed as “a contract with a state governmental unit” for purposes of the definition. For
clarity of intent, a Person carrying out any element of the Work is a Subcontractor from the
moment they first carry out that element of the Work regardless of whether or not a
Subcontract exists then or subsequently.
1.25.
Telecommunications carrier or provider (“Telco”) or (“Telco Provider”)
1.26.
Work. The totality of the Materials and the Services and all the acts of administration,
creation, production, and performance necessary to fulfill and incidental to fulfilling all of
Contractor's obligations and duties under the Contract in conformance with the Contract and
applicable laws.
2.
Contract Interpretations
2.1.
Usage. Where the Contract:
2.1.1.
assigns obligations to Contractor, any reference to “Contractor” is to be construed
to be a reference to the Contractor and all Subcontractors, whether they are first-
tier subcontractors, sub-subcontractors, suppliers, sub-suppliers, consultants, or
sub-consultants, as well as all of Contractor’s and the Subcontractor’s respective
agents, representatives, and employees in every instance unless the context
plainly requires that it is a reference only to Contractor as apart from
Subcontractors.
2.1.2.
uses the permissive “may” with respect to a party’s actions, determinations, etc.,
the terms is to be interpreted as in A.A.C. R2-7-101(31) [Definitions]. For clarity of
intent, any right given to State using “State may” or a like construction denotes
discretion and freedom to act so far as any regulatory or operative constraints
permit in the relevant circumstances, provided that: (a) where written “may, at its
discretion,” the discretion extends to whatever is most advantageous to State; and
(b) where written only as “may,” the discretion is constrained by 1. what is fair,
reasonable, and as accommodating of the respective best interests of both parties
as practicable under the circumstances;
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 62
2.1.3.
uses the imperative “shall” with respect to a party’s actions, duties, etc., the term
is to be interpreted as in A.A.C. R2-7-101(43) [Definitions]. Conversely, the phrase
“shall not” is to be interpreted as an imperative prohibition.
2.1.4.
uses the term “must” with respect to a requirement, criterion, etc., the term is to be
interpreted as conveying compulsion or strict necessity, and is to be read as
though written “must, if [the subject] is to be entitled to have [the object] considered
or credited as being compliant with, conforming to, or satisfying [the requirement,
criterion, constraint, etc.], otherwise, [the object] will be considered or debited as
being non-compliant, non-conforming, or unsatisfactory for its Contract-related
purposes” in every instance;
2.1.5.
uses the term “might” with respect to an event, outcome, action, etc., the term is
to be interpreted as conveying contingency or non-discretionary conditionality; and
2.1.6.
uses the term “will” or the phrases “is to be” or “are to be” with respect to an event,
outcome, action, etc., the term or phrase is to be interpreted as conveying such
certainty or imperativeness that “shall” is either unnecessary or irrelevant in that
instance.
2.2.
Contract Order of Precedence
2.2.1.
Complementary Documents. All of the documents forming the Contract are
complementary. If certain work, requirements, obligations, or duties are set out
only in one but not in another, Contractor shall carry out the Work as though the
relevant Work, requirements, obligations, or duties had been fully described in all,
consistent with the other documents forming the Contract and as is reasonably
inferable from them as being necessary to produce complete results.
2.2.2.
Conflicts. In case of any inconsistency, conflict, or ambiguity among the
documents forming the Contract and their provisions, they are to prevail in the
following order, descending from most dominate to most subordinate, provided
that, among categories of documents or provisions having the same rank, the
document or provision with the latest date prevails. Information being identified in
one document but not in another is not to be considered a conflict or inconsistency.
2.2.2.1.
Contract Amendments;
2.2.2.2.
The final Solicitation Documents, in the following order:
(1) Special Terms and Conditions;
(2) Exhibits to the Special Terms and Conditions;
(3) Uniform Terms and Conditions;
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 63
(4) Scope of Work;
(5) Exhibits to the Scope of Work;
(6) Pricing Document;
(7) Exhibits to the Pricing Document;
(8) Specifications; and
(9) Any other documents referenced or included in the Solicitation;
2.2.2.3.
Orders, in reverse chronological order; and
2.2.2.4.
Accepted Offer.
2.2.3.
Attachments and Exhibits. For clarity of intent, if an item was an Attachment in the
Solicitation Documents or an Offer (either Initial, Revised, Best and Final, or
Accepted) and was subsequently made into an Exhibit, or its content was
incorporated into one of the other Contract documents, then that Attachment no
longer exists contractually as an “Attachment” since it has at that point been made
into some other Contract document. In every other case, an Attachment and the
Offeror data therein remain part of the Accepted Offer for purposes of precedence
and contractual effect.
2.3.
Independent Contractor. Contractor is an independent contractor and shall act in an
independent capacity in performance under the Contract. Neither party is or is to be
construed as being the employee or agent of the other party, and no action, inaction, event,
or circumstance will be grounds for deeming it to be so.
2.4.
Complete Integration. The Contract, including any documents incorporated into the Contract
by reference, is intended by the parties as a final and complete expression of their
agreement. There are no prior, contemporaneous, or additional agreements, either oral or in
writing, pertaining to the Contract.
3.
Contract Administration and Operation
3.1.
Term of Contract. The term of the Contract will commence on the date indicated on the
Acceptance and continue for three (3) years unless cancelled, terminated, or permissibly
extended.
3.2.
Contract Extensions. State may at its discretion extend the initial Contract term in increments
of one or more years and do so one or more times, provided that the maximum aggregate
term of the Contract including extensions cannot exceed the maximum aggregate term of
five (5) years.
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 64
3.3.
Any project with estimated requirements greater than or equal to $10,000.00 must
make a best effort to obtain a minimum of three quotations from Contractors awarded
through this Solicitation.
3.4.
Notices and Correspondence
3.4.1.
To Contractor. State shall address all Contract correspondence other than formal
notices to the email address indicated as “Default for Type” for “General Mailing
Address” in Contractor’s corresponding State’s e-Procurement System Vendor
Profile; and address any required notices to Contractor to the “Contact Name and
Title” at the “Mailing Address” indicated on the Accepted Offer, as that address
might have been amended during the term of the Contract.
3.4.2.
To State. Contractor shall address all Contract correspondence other than format
notices to the email address indicated in “Contact Instructions” in the The State’s
e-Procurement System Summary for State; and address any required notices to
State to the Procurement Officer identified as “Purchaser” in the State’s e-
Procurement System Summary at the following mailing address:
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
3.4.3.
Changes. State may change the designated Procurement Officer, update contact
information, or change the applicable mailing address.
3.5.
Signing of Contract Amendments. Contractor’s counter-signature – or “approval” in The
State’s e-Procurement System, in the case of an amendment, – is not required to give effect
if the Contract Amendment only covers either:
3.5.1.
extension of the term of the Contract within the maximum aggregate term;
3.5.2.
revision to Procurement Officer appointment or contact information; or
3.5.3.
modifications of a clerical nature that have no effect on terms, conditions, price,
scope, or other material aspect of the Contract.
In every case other than those listed in (1), (2), and (3) above, both parties’ signatures – or
“approval” in The State’s e-Procurement System, in the case of an Amendment – are
required to give it effect.
3.6.
Click Through Terms and Conditions If either party uses a web-based ordering system, an
electronic purchase order system, an electronic order acknowledgement, a form of an
electronic acceptance, or any software based ordering system with respect to the Contract
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 65
(each an “Electronic Ordering System”), the parties acknowledge and agree that an
Electronic Ordering System is for ease of administration only, and Contractor is hereby given
notice that the persons using Electronic Ordering Systems on behalf of State do not have
any actual or apparent authority to create legally binding obligations that vary from the terms
and conditions of the Contract. Accordingly, where an authorized State user is required to
“click through” or otherwise accept or be made subject to any terms and conditions in using
an Electronic Ordering Systems, any such terms and conditions are deemed void upon
presentation. Additionally, where an authorized State user is required to accept or be made
subject to any terms and conditions in accessing or employing any Materials or Services,
those terms and conditions will also be void.
3.7.
Books and Records
3.7.1.
Retain Records. By A.R.S. §41-2548(B), Contractor shall retain and shall
contractually require each Subcontractor to retain books and records relating to any
cost and pricing data submitted in satisfaction of § 41-2543 for the period specified
in the statute
3.7.2.
Right To Audit. The retained books and records are subject to audit by State during
that period. By A.R.S. §41-2548(B), Contractor shall retain and shall contractually
require each Subcontractor to retain books and records relating to performance
under the Contract for the period specified in the statute and those retained books
and records are subject to audit by State during that period.
3.7.3.
Auditing. Contractor or Subcontractor shall either make all such books and records
under subparagraphs 3.6.1 and 3.6.2 available to State at all reasonable times or
produce the records at a designated State office on State’s demand, the choice of
which being at State’s discretion. For the purpose of this paragraph, “reasonable
times” are during normal business hours and in such a manner so as to not
unreasonably interfere with normal business activities.
3.8.
Contractor Licenses. Contractor shall maintain current federal, state and local licenses and
permits required for the operation of its business in general, for its operations under the
Contract, and for the Work itself.
3.9.
Inspection and Testing. By A.R.S. §41-2547, State may at reasonable times inspect the part
of Contractors’ or Subcontractors’ plant or places of business related to performance under
the Contract. Accordingly, Contractor agrees to permit (for itself) and ensure (for
Subcontractors) access for inspection at any reasonable time to its facilities, processes, and
services. State may inspect or test, at its own cost, any finished goods, work-in-progress,
components, or unfinished materials that are to be supplied under the Contract or that will
be incorporated into something to be supplied under the Contract. If the inspection or testing
shows non-conformance or defects, then Contractor will owe State reimbursement or
payment of all costs it incurred in carrying out or contracting for the inspection and testing,
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 66
as well as for any reinspection or retesting that might be necessary. Neither inspection of
facilities nor testing of goods, work, components, or unfinished materials will of itself
constitute acceptance by State of those things.
3.10.
Ownership of Intellectual Property
3.10.1.
Rights In Work Product. All intellectual property originated or prepared by
Contractor pursuant to the Contract, including but not limited to, inventions,
discoveries, intellectual copyrights, trademarks, trade names, trade secrets,
technical communications, records reports, computer programs and other
documentation or improvements thereto, including Contractor’s administrative
communications and records relating to the Contract, are considered work product
and Contractor’s property, provided that, State has Government Purpose Rights to
that work product as and when it was delivered to State.
3.10.1.1.
“Government Purpose Rights” are:
3.10.1.1.1. the unlimited, perpetual, irrevocable, royalty free, non-
exclusive, worldwide right to use, modify, reproduce,
release, perform, display, sublicense, disclose and create
derivatives from that work product without restriction for
any activity in which State is a party;
3.10.1.1.2. the right to release or disclose that work product to third
parties for any State government purpose; and
3.10.1.1.3. the right to authorize those to whom it rightfully releases or
discloses that work product to use, modify, release, create
derivative works from the work product for any State
government purpose; such recipients being understood to
include the federal government, the governments of other
states, and various local governments.
3.10.1.2.
“Government Purpose Rights” do not include any right to use, modify,
reproduce, perform, release, display, create derivative works from, or
disclose that work product for any commercial purpose or to authorize
others to do so.
3.10.2.
Joint Developments. The parties may each use equally any ideas, concepts, know-
how, or techniques developed jointly during the course of the Contract, and may do
so at their respective discretion, without obligation of notice or accounting to the
other party.
3.10.3.
Pre-existing Material. All pre-existing software and other materials developed or
otherwise obtained by or for Contractor or its affiliates independently of the Contract
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 67
or applicable Purchase Orders are not part of the work product to which rights are
granted State under subparagraph 3.9.1 above, and will remain the exclusive
property of Contractor, provided that:
3.10.3.1.
any derivative works of such pre-existing material or elements thereof
that are created pursuant to the Contract are part of that work product;
3.10.3.2.
any elements of derivative work of such pre-existing material that was
not created pursuant to the Contract are not part of that work product;
and
3.10.3.3.
except as expressly stated otherwise, nothing in the Contract is to be
construed to interfere or diminish Contractor’s or its affiliates’ ownership
of such pre-existing materials.
3.10.4.
Developments Outside Of Contract. Unless expressly stated otherwise in the
Contract, does not preclude Contractor from developing competing materials
outside the Contract, irrespective of any similarity to materials delivered or to be
delivered to State hereunder.
3.11.
Subcontract
3.11.1. Initial list. At the time of Contract execution, Contractor’s candidate Subcontractors
were identified in Attachment Proposed Subcontractors to the Accepted Offer
[Proposed Subcontractors]. Agreeing to them being included in the Accepted Offer
signified Procurement Officer’s advance consent for Contractor to enter into a
Subcontract with each candidate, which Contractor shall do as promptly as
necessary to ensure its ability to carry out the Work in a timely manner.
3.11.2. Additional names. Contractor shall not enter into a Subcontract without first
obtaining Procurement Officer’s written consent with any prospective Subcontractor
that (a) was not listed on the Attachment Proposed Subcontractors at time of
Contract execution or (b) is for any Materials or Services categories other than the
ones for which they were previously consented. For either case (a) or (b),
Contractor shall submit a written request sufficiently in advance of the need date
for those materials or services so that performance under the Contract is not
impaired. Procurement Officer may request any additional information he or she
determines is necessary to assess the submittal, and may withhold consent
pending it.
3.11.3. Flow-down. Contractor shall incorporate the provisions, terms, and conditions of the
Contract into every Subcontract by inclusion or by reference, as appropriate. When
making any post-execution consent requests, Contractor shall include its warrant
that it will do the same for the pending Subcontracts covered by the request.
Entering into Subcontracts will not relieve Contractor of any of its obligations or
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 68
duties under the Contract, including, among other things, the duty to supervise and
coordinate the work of Subcontractors. Nothing contained in any Subcontract will
create or is to be construed as creating any contractual relationship between State
and the Subcontractor.
3.12.
Orders
3.12.1. Order Sufficiency. The Contract was awarded in accordance with the Arizona
Procurement Code; the transactions and procedures required by the code for
competitive source selection have been met. An Order issued that cites the correct
State contract number will suffice to authorize the Contractor to provide the
Materials and perform the Services covered by that Order.
3.12.2. Order Terms. All Orders are subject to the Contract Terms and Conditions; an Order
cannot modify the Contract Terms and Conditions.
3.12.3. Orders Are Obligatory. Until the expiration or earlier termination of the Contract,
State may issue and Contractor shall accept Orders that make proper reference to
the Contract and are permissible hereunder, provided that, Contractor is not obliged
to accept any Order that is not consistent with the then-current pricing, lead times,
specifications, or payment provisions of the Contract. Contractor shall fulfill and
complete any Orders that are begun but not yet completed as of expiration or earlier
termination of the Contract unless State instructs otherwise at the time.
3.12.4. Special Case. In the special case where both the following conditions are true,
Procurement Officer’s signature on the Acceptance is Contractor’s authorization to
perform and therefore no Order is required: (a) the Contract is identified as being a
“single-agency/single-project” contract and (b) the Contract was created in The
State’s e-Procurement System as something other than a “Master/ Blanket” type.
3.12.5. No Minimums Or Commitments. (a) Contractor shall not impose any minimum dollar
amount, item count, services volume, or services duration on Orders; (b) State
makes no commitment of any kind concerning the quantity or monetary value of
activity actually initiated or completed during the term of the Contract; (c) Contractor
shall only deliver or perform as authorized by Orders; and (d) State is not limited as
to the number of Orders it may issue for the Contract. For clarity of intent, the
foregoing applies equally whether an Eligible Agency issues the Order or, if
applicable, a Co-Op Buyer issues it.
3.12.6. Non-contracted Materials Or Services. Any attempt to knowingly represent for
sales, marketing, or related purposes that goods or services not specifically
awarded are under a State contract is a violation of the Contract and law.
3.13.
Statewide Contract Provisions
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 69
The Contract is a “statewide” contract for multiple purchases, projects, or assignments, and
can be purchased against by some or all Eligible Agencies and any Co‑Op Buyers that elect
to participate. Even if only one Eligible Agency needs or elects to purchase against the
Contract, it is to be construed as being a “statewide” contract hereunder.
The Contract is an indefinite delivery, indefinite quantity (ID/IQ) type of contract; it is to be
construed as a “delivery order” sub‑type of ID/IQ contract to the extent the Work is Materials,
and a “task order” sub-type to the extent the Work is Services.
3.13.1. Contractor shall verify if an ordering entity is a bona fide Co-Op Buyer before selling
Materials to or providing Services for them under the Contract. The current list of
Co‑Op Buyers is available on t he State Procurement Office website:
https://spo.az.gov/programs/cooperative
3.13.2. Contractor shall sell to Co-Op Buyers at the same price and on the same lead times
and other terms and conditions under which it sells to Eligible Agencies, with the
sole exception of any legitimately additional costs for extraordinary shipping or
delivery requirements if the Co-Op Buyer is having Materials delivered or installed
or Services performed at locations not contemplated in the contracted pricing (e.g.
delivery to a location outside Arizona).
3.13.3. Contractor shall pay State an administrative fee against all Contract sales to Co‑Op
Buyers, as provided for under A.R.S. § 41‑2633. The fee rate is one (1% ) percent.
Failure to remit the administrative fees is a material breach of contract, and will
entitle the State to its remedies under Article 8 and its right to terminate for default
under Article 9. Method of calculation, payment procedures, and other details are
provided on the State Procurement Office website:
https://spo.az.gov/suppliers/usage-reporting
3.13.4. Contractor shall submit to State a quarterly usage report documenting all Contract
sales to both Eligible Agencies and Co‑Op Buyers, itemized separately. Contractor
shall further itemize divisions, groups or areas within a given Eligible Agency if they
place Orders independently of each other. Failure to submit the report is a material
breach of contract, and will entitle the State to its remedies under Article 8 and its
right to terminate for default under Article 9. Contractor shall submit the report using
the forms and following the instructions on the State Procurement Office website:
https://spo.az.gov/suppliers/usage-reporting
3.13.5. Contractor shall acknowledge each Order from Eligible Agencies within 1 (one)
business day after receipt by either: (a) “approving” the Order electronically in The
State’s e-Procurement System, which will indicate Contractor’s unqualified
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 70
acceptance of the Order as‑issued; or (b) “rejecting” the Order electronically in The
State’s e-Procurement System, with a concurrent explanation by email to relevant
originator as to the reason for rejecting it. By way of reminder, the only grounds on
which the Contractor may reject or refuse an Order are those set out in
subparagraph 3.11.3 [Orders are Obligatory]. Unless and until Contractor has
approved the Order in The State’s e-Procurement System, it will have no effect
under the Contract and will not oblige either State or Contractor. If the relevant
Eligible Agency explicitly instructs at the time that a verbal acceptance is sufficient
because of urgency or other unusual circumstances and Contractor duly gives its
verbal acceptance, then Contractor will be deemed to have accepted the Order
immediately upon commencing performance, provided that, Contractor must follow-
up its verbal acceptance by accepting the Purchase Order electronically in The
State’s e-Procurement System within 3 (three) business days. Contractor shall
thereafter be barred from subsequently rejecting the Order in The State’s e-
Procurement System and if it does so the rejection will be void.
3.13.6. Contractor shall acknowledge each Order from Co‑Op Buyers in conformance with
each buyer’s instructions given at the time of ordering or in any supplemental
participating agreement Contractor might have with them. Orders from Co‑Op
Buyers create no obligation on State’s part, since they are entirely between the Co-
Op Buyer and Contractor. That notwithstanding, Contractor’s obligation under the
Contract is to service Co-Op Buyers commercially as though they were with an
Eligible Agency, and Contractor’s refusal to do so would be a material breach of the
Contract.
3.14.
Multiple-Use Provisions. Eligible Agencies may issue Orders for Services in several forms,
all of which become final and effective by a “Release Purchase Order” in The State’s e-
Procurement System. Orders issued by Co-Op Buyers will be in whatever form the Co-Op
Buyer normally uses. Regardless of origin, Orders must cite the State contract number to be
valid. State may, at its discretion in each instance, determine the scope, schedule, and price
for each Order in any of the following ways:
3.14.1. By choosing some or all of the Materials or Services items covered by the Contract
for which a price is established in the Pricing Document, then preparing an Order
using those prices (e.g., filling out an order form), and sending it to the Contractor.
3.14.2. By instructing Contractor to provide a comprehensive proposal of item quantities,
combinations, etc., or services hours, personnel, etc., for a defined scope using
those established prices as a basis, then validating and negotiating the proposal
with Contractor and issuing an Order if and when reaching agreement.
3.14.3. As described in (2) above but requesting the proposal from both Contractor and
other vendors who are contracted within the applicable scope categories and
locations, either sequentially or concurrently, then selecting the proposal or
proposals combination that is most advantageous to State.
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 71
3.14.4. As described in (3) above but introducing ad-hoc commercial competition by making
the selection and ordering conditional on obtaining more favorable prices than the
contractually-established ones.
3.15.
Other Contractors. State may undertake with its own forces or award other contracts to the
same or other vendors for additional or related work. In such cases, Contractor shall
cooperate fully with State’s employees and such other vendors and carefully coordinate, fit,
connect, accommodate, adjust, or sequence its work to the related work by others. Where
the Contract requires handing-off Contractor’s work to others, Contractor shall cooperate as
State instructs regarding the necessary transfer of its work product, services, or records to
State or the other vendors. Contractor shall not commit or permit any act that interferes with
the State’s or other vendors’ performance of their work, provided that, State shall enforce the
foregoing section equitably among all its vendors so as not to impose an unreasonable
burden on any one of them.
3.16.
Work on State Premises
3.16.1. Compliance With Rules. Contractor is responsible for ensuring that its personnel
comply with State’s rules, regulations, policies, documented practices, and
documented operating procedures while delivering or installing Materials or
performing Services on State’s grounds or in its facilities. For clarity of intent, the
foregoing means that if Contractor is required to comply with certain security
requirements in order to deliver, install, or perform at that particular location, then it
shall do so nonetheless and without entitlement to any additional compensation or
additional time for performance if those particular requirements are not expressly
stated in the Contract. Contractor is reminded that violation of the prohibition under
A.R.S. § 13-1502 against possession of weapons on State’s property by anyone for
whom Contractor is responsible is a material breach of contract and grounds for
termination for default.
3.16.2. Protection Of Grounds And Facilities. Contractor shall deliver or install the Materials
and perform the Services without damaging any State grounds or facilities.
Contractor shall repair or replace any damage it does cause promptly and at its own
expense, subject to whatever instructions and restrictions State needs to make to
prevent inconvenience or disruption of operations. If Contractor fails to make the
necessary repairs or replacements in a timely manner, State will be entitled to
exercise its remedies under paragraph 8.5 of the Uniform Terms and Conditions
[Right of Offset].
4.
Costs and Payments
4.1.
Payments
4.1.1.
Payment Deadline. State shall make payments in compliance with Arizona Revised
Statutes Titles 35 and 41. Unless and then only to the extent expressly stated
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 72
otherwise in the Pricing Document, State shall make payment in full for Materials
that have been delivered and accepted and Services that have been performed and
accepted within the time specified in A.R.S. § 35-342 after both of the following
become true: (a) all of the Materials being invoiced have been delivered or installed
(as applicable) and accepted and all of the Services being invoiced have been
performed and accepted; and (b) Contractor has provided a complete and accurate
invoice in the form and manner called for in the Pricing Document, provided that,
State will not make or be liable for any payments to Contractor until Contractor has
registered properly in The State’s e-Procurement System and provided a current
IRS Form W-9 to State unless excused by law from providing one.
4.1.2.
Payments Only To Contractor. Unless compelled otherwise by operation of law or
order of a court of competent jurisdiction, State will only make payment to
Contractor under the federal tax identifier indicated on the Accepted Offer.
4.2.
Applicable Taxes
4.2.1.
Contractor To Pay All Taxes. State is subject to Arizona TPT. Therefore, Arizona
TPT applies to all sales under the Contract and Arizona TPT is Contractor’s
responsibility (as seller) to remit. Contractor’s failure to collect Arizona TPT or any
other applicable sales or use taxes from an Eligible Agency or Co-Op Buyer (as
buyer) will not relieve the Contractor of any obligation to remit sales or use taxes
that are due under the Contract or laws. Unless stated otherwise in the Pricing
Document, all prices therein include Arizona TPT as well as every other manner of
transaction privilege or sales/use tax that is due to a municipality or another state
or its political subdivisions. Contractor shall pay all federal, state, and local taxes
applicable to its operations and personnel.
4.2.2.
Tax Indemnity. Contractor shall hold State harmless from any responsibility for
taxes or contributions, including any applicable damages and interest, that are due
to federal, state, and local authorities with respect to the Work and the Contract, as
well as any related costs; the foregoing expressly includes Arizona TPT,
unemployment
compensation
insurance,
social
security,
and
workers’
compensation insurance.
5.
Contract Changes
5.1.
Contract Amendments: The Contract is issued for State under the authority of Procurement
Officer. Only a Contract Amendment can modify the Contract, and then only if it does not
change the Contract’s general scope. Purported changes to the Contract by a person not
expressly authorized by Procurement Officer or made unilaterally by Contractor will be void
and without effect; Contractor will not be entitled to any claim made under the Contract based
on any such purported changes.
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 73
5.2.
Assignment and Delegation.
5.2.1.
In Whole. Contractor shall not assign in whole its rights or delegate in whole its
duties under the Contract without Procurement Officer’s prior written consent, which
consent Procurement Officer may withhold at his or her discretion. If Contractor’s
proposed assignment or delegation stems from a split, sale, acquisition, or other
non-merger change in control, then no such consent will be given in any event
without the assignee or delegate giving State satisfactory and equivalent evidence
or assurance of its financial soundness, competency, capacity, and qualification to
perform as that which Contractor possessed when State first awarded it the
Contract.
5.2.2.
In Part. Subject to paragraph 3.10 [Subcontracts] with respect to subcontracting,
Contractor may assign particular rights or delegate particular duties under the
Contract, but shall obtain Procurement Officer’s written consent before doing so.
Procurement Officer shall not unreasonably withhold consent so long as the
proposed assignment or delegation does not attempt to modify the Contract in any
way or to alter or impair State’s rights or remedies under the Contract or laws.
6.
Risk and Liability
6.1.
Risk of Loss. Contractor shall bear all risk of loss to Materials while in pre-production,
production, storage, transit, staging, assembly, installation, testing, and commissioning, if
and as those duties are within the scope of the Work, until they have been accepted as
conforming by State in the particular location and situation specified in the Order, or as
specified generally elsewhere in the Contract if the Order does not provide particulars,
provided that, risk of loss for nonconforming Materials will remain with Contractor
notwithstanding acceptance to the extent the loss stems from the nonconformance.
6.2.
Contractor Insurance
6.2.1.
Indemnification Clause
To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless
the State of Arizona, and its departments, agencies, boards, commissions, universities,
officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and
against any and all claims, actions, liabilities, damages, losses, or expenses (including court
costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter
referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage
to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of Contractor or any of its owners, officers, directors,
agents, employees or subcontractors. This indemnity includes any claim or amount arising
out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of
such Contractor to conform to any federal, state, or local law, statute, ordinance, rule,
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 74
regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall,
in all instances, except for Claims arising solely from the negligent or willful acts or omissions
of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is
agreed that Contractor will be responsible for primary loss investigation, defense, and
judgment costs where this indemnification is applicable. In consideration of the award of this
contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona,
its officers, officials, agents, and employees for losses arising from the work performed by the
Contractor for the State of Arizona.
This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board,
commission or university of the State of Arizona.
6.2.2.
Insurance Requirements
Contractor and subcontractors shall procure and maintain, until all of their obligations
have been discharged, including any warranty periods under this Contract, insurance
against claims for injury to persons or damage to property arising from, or in
connection with, the performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors.
The Insurance Requirements herein are minimum requirements for this Contract and
in no way limit the indemnity covenants contained in this Contract. The State of Arizona
in no way warrants that the minimum limits contained herein are sufficient to protect
the Contractor from liabilities that arise out of the performance of the work under this
Contract by the Contractor, its agents, representatives, employees or subcontractors,
and the Contractor is free to purchase additional insurance
6.2.3.
MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide
coverage with limits of liability not less than those stated below.
6.2.3.1.
Commercial General Liability (CGL) – Occurrence Form
Policy shall include bodily injury, property damage, and broad form contractual liability
coverage.
• General Aggregate
$2,000,000
• Products – Completed Operations Aggregate
$1,000,000
• Personal and Advertising Injury
$1,000,000
• Damage to Rented Premises
$50,000
• Each Occurrence
$1,000,000
a. The policy shall be endorsed, as required by this written agreement, to include the
State of Arizona, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees as additional insureds with
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 75
respect to liability arising out of the activities performed by or on behalf of the
Contractor.
b. Policy shall contain a waiver of subrogation endorsement, as required by this
written agreement, in favor of the State of Arizona, and its departments, agencies,
boards, commissions, universities, officers, officials, agents, and employees for
losses arising from work performed by or on behalf of the Contractor.
6.2.3.2.
Business Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or
non-owned automobiles used in the performance of this Contract.
• Combined Single Limit (CSL)
$1,000,000
a. Policy shall be endorsed, as required by this written
agreement, to include the State of Arizona, and its
departments, agencies, boards, commissions, universities,
officers, officials, agents, and employees as additional
insureds with respect to liability arising out of the activities
performed by, or on behalf of, the Contractor involving
automobiles owned, hired and/or non-owned by the
Contractor.
b. Policy shall contain a waiver of subrogation endorsement as
required by this written agreement in favor of the State of
Arizona, and its departments, agencies, boards, commissions,
universities, officers, officials, agents, and employees for
losses arising from work performed by or on behalf of the
Contractor.
6.2.3.3.
Workers’ Compensation and Employers' Liability
• Workers' Compensation
Statutory
• Employers' Liability
o Each Accident
$1,000,000
o Disease – Each Employee
$1,000,000
o Disease – Policy Limit
$1,000,000
a. Policy shall contain a waiver of subrogation endorsement, as
required by this written agreement, in favor of the State of Arizona,
and its departments, agencies, boards, commissions, universities,
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 76
officers, officials, agents, and employees for losses arising from
work performed by or on behalf of the Contractor.
b. This requirement shall not apply to each Contractor or
subcontractor that is exempt under A.R.S. § 23-901, and when
such Contractor or subcontractor executes the appropriate waiver
form (Sole Proprietor or Independent Contractor).
6.2.3.4.
Professional Liability (Errors and Omissions Liability)
Each Claim
$2,000,000
Annual Aggregate
$4,000,000
a. In the event that the Professional Liability insurance required by
this Contract is written on a claims-made basis, the Contractor
warrants that any retroactive date under the Policy shall
precede the effective date of this Contract; and that either
continuous coverage will be maintained or an extended
discovery period will be exercised for a period of two (2) years
beginning at the time work under this Contract is completed.
b. The Policy shall cover professional misconduct or lack of
ordinary skill for those positions defined in the Scope of Work of
this Contract
6.2.3.5.
Additional Insurance Requirements
The policies shall include, or be endorsed to include, as required
by this written agreement, the following provisions:
6.2.3.5.1.
The Contractor's policies, as applicable, shall stipulate that the
insurance afforded the Contractor shall be primary and that
any insurance carried by the Department, its agents, officials,
employees or the State of Arizona shall be excess and not
contributory insurance, as provided by A.R.S. § 41-621 (E).
6.2.3.5.2.
Insurance provided by the Contractor shall not limit the
Contractor’s liability assumed under the indemnification
provisions of this Contract.
6.2.3.6.
Notice of Cancellation
Applicable to all insurance policies required within the Insurance
Requirements of this Contract, Contractor’s insurance shall not be
permitted to expire, be suspended, be canceled, or be materially
changed for any reason without thirty (30) days prior written notice
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 77
to the State of Arizona. Within two (2) business days of receipt,
Contractor must provide notice to the State of Arizona if they
receive notice of a policy that has been or will be suspended,
canceled, materially changed for any reason, has expired, or will
be expiring. Such notice shall be sent directly to the Department
and shall be mailed, emailed, hand delivered or sent by facsimile
transmission to (State Representative’s Name, Address & Fax
Number).
6.2.3.7.
Acceptability of Insurers
Contractor’s insurance shall be placed with companies licensed in
the State of Arizona or hold approved non-admitted status on the
Arizona Department of Insurance List of Qualified Unauthorized
Insurers. Insurers shall have an “A.M. Best” rating of not less than
A- VII. The State of Arizona in no way warrants that the above-
required minimum insurer rating is sufficient to protect the
Contractor from potential insurer insolvency.
6.2.3.8.
Verification of Coverage
Contractor shall furnish the State of Arizona with certificates of
insurance (valid ACORD form or equivalent approved by the State of
Arizona) evidencing that Contractor has the insurance as required by
this Contract. An authorized representative of the insurer shall sign the
certificates.
6.2.3.8.1.
All such certificates of insurance and policy endorsements
must be received by the State before work commences. The
State’s receipt of any certificates of insurance or policy
endorsements that do not comply with this written agreement
shall not waive or otherwise affect the requirements of this
agreement.
6.2.3.8.2.
Each insurance policy required by this Contract must be in
effect at, or prior to, commencement of work under this
Contract. Failure to maintain the insurance policies as required
by this Contract, or to provide evidence of renewal, is a
material breach of contract.
6.2.3.8.3.
All certificates required by this Contract shall be sent directly to
the Department. The State of Arizona project/contract number
and project description shall be noted on the certificate of
insurance. The State of Arizona reserves the right to require
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 78
complete copies of all insurance policies required by this
Contract at any time.
6.2.3.9.
Subcontractors
Contractor’s certificate(s) shall include all subcontractors as insureds
under its policies or Contractor shall be responsible for ensuring and/or
verifying that all subcontractors have valid and collectable insurance as
evidenced by the certificates of insurance and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to the
minimum Insurance Requirements identified above. The Department
reserves the right to require, at any time throughout the life of the
Contract, proof from the Contractor that its subcontractors have the
required coverage.
6.2.3.10.
Approval and Modifications
The Contracting Agency, in consultation with State Risk, reserves the
right to review or make modifications to the insurance limits, required
coverages, or endorsements throughout the life of this contract, as
deemed necessary. Such action will not require a formal Contract
amendment but may be made by administrative action.
6.2.3.11.
Exceptions
In the event the Contractor or subcontractor(s) is/are a public entity,
then the Insurance Requirements shall not apply. Such public entity
shall provide a certificate of self-insurance. If the Contractor or
subcontractor(s) is/are a State of Arizona agency, board, commission,
or university, none of the above shall apply.
6.3.
Patent and Copyright Indemnification.
CONTRACTOR/VENDOR (NOT PUBLIC AGENCY). With respect to Materials or Services
provided or proposed by a Contractor Indemnitor for performance under the Contract,
Contractor shall indemnify, defend and hold harmless State Indemnitees against any third-
party claims for liability, costs, and expenses, including, but not limited to reasonable
attorneys' fees, for infringement or violation of any patent, trademark, copyright, or trade
secret by the Materials and the Services. With respect to the defense and payment of claims
under this subparagraph:
6.3.1.
State shall provide reasonable and timely notification to Contractor of any claim for
which Contractor may be liable under this paragraph;
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 79
6.3.2.
Contractor, with reasonable consultation from State, shall have control of the
defense of any action on an indemnified claim including all negotiations for its
settlement or compromise;
6.3.3.
State may elect to participate in such action at its own expense; and
6.3.4.
State may approve or disapprove any settlement or compromise, provided that, (i)
State shall not unreasonably withhold or delay such approval or disapproval and (ii)
State shall cooperate in the defense and in any related settlement negotiations.
If Contractor is a public agency, this paragraph 6.4 does not apply.
6.4.
Force Majeure
6.4.1.
Definition. For this paragraph, “force majeure” means an occurrence that is
6.4.1.1.
beyond the control of the affected party,
6.4.1.2.
occurred without the party’s fault or negligence, and
6.4.1.3.
something the party was unable to prevent by exercising reasonable
diligence. Without limiting the generality of the foregoing, force majeure
expressly includes acts of God, acts of the public enemy, war, riots,
strikes, mobilization, labor disputes, civil disorders, fire, flood, lockouts,
injunctions-intervention-acts, failures or refusals to act by government
authorities, and, subject to paragraph 7.6 [Performance in Public Health
Emergency], declared public health emergencies. Force majeure
expressly does not include late delivery caused by congestion at a
manufacturer’s plant or elsewhere, an oversold condition of the market,
late performance by a Subcontractor unless the delay arises out of an
occurrence of force majeure, or inability of either Contractor or any
Subcontractor to acquire or maintain any required insurance, bonds,
licenses, or permits.
6.4.2.
Relief From Performance. Except of sums due, the parties are not liable to each
other if an occurrence of force majeure prevents its performance under the
Contract. If either party is delayed at any time in the progress of their respective
performance under the Contract by an occurrence of force majeure, the delayed
party shall notify the other no later than the following working day after the
occurrence, or as soon as it could reasonably have been expected to recognize
that the occurrence had effect in cases where the effects were not readily apparent.
In any event, the notice must make specific reference to this paragraph specifying
the causes of the delay in the notice and, if the effects of the occurrence are on-
going, provide an initial notification and thereafter the delayed party shall provide
regular updates until such time as the effects are fully known. To the extent it is
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 80
able, the delayed party shall cause the delay to cease promptly and notify the other
party when it has done so. The parties shall extend the time of completion by
Contract Amendment for a period equal to the time that the results or effects of the
delay prevented the delayed party from performing.
6.4.3.
Excusable Delay Is Not Default. Failure in performance by either party will not
constitute default hereunder or give rise to any claim for damages or loss of
anticipated profits if and to the extent that such failure was or is being caused by an
occurrence of force majeure.
6.4.4.
Default Diminishes Relief. Entitlement to relief from the effects of an occurrence of
force majeure is diminished to the extent that the delay did or will result from the
affected party’s default unrelated to the occurrence, in which case and to that extent
the other party’s normal remedies and the affected party’s obligations would apply
undiminished.
7.
Warranties
7.1.
Conformity to Requirements. Contractor warrants that, unless expressly provided otherwise
elsewhere in the Contract, the Materials and Services will for 1 (one) year after acceptance
and in each instance: (1) conform to the requirements of the Contract, which by way of
reminder include without limitation all descriptions, specifications, and drawings identified in
the Scope of Work and any Contractor affirmations included as part of the Contract; (2) be
free from defects of material and workmanship; (3) conform to or perform in a manner
consistent with current industry standards; and (4) be fit for the intended purpose or use
described in the Contract. Mere delivery or performance does not substitute for express
acceptance by the State. Where inspection, testing, or other acceptance assessment of
Materials or Services cannot be done until after installation, the forgoing warranty will not
begin until State’s acceptance.
7.2.
Contractor Personnel. Contractor warrants that its personnel will perform their duties under
the Contract in a professional manner, applying the requisite skills and knowledge, consistent
with industry standards, and in accordance with the requirements of the Contract. Contractor
further warrants that its key personnel will maintain any certifications relevant to their work,
and Contractor shall provide individual evidence of certification to State’s authorized
representatives upon request.
7.3.
Intellectual Property. Contractor warrants that the Materials and Services do not and will not
infringe or violate any patent, trademark, copyright, trade secret, or other intellectual property
rights or laws, except only to the extent the Specifications do not permit use of any other
product and Contractor is not and cannot reasonably be expected to be aware of the
infringement or violation.
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 81
7.4.
Licenses and Permits Contractor warrants that it will maintain all licenses required under
paragraph 3.7 [Contractor Licenses] and all required permits valid and in force.
7.5.
Operational Continuity Contractor warrants that it will perform without relief notwithstanding
being sold or acquired; no such event will operate to mitigate or alter any of Contractor’s
duties hereunder absent a consented delegation under paragraph 5 [Assignment and
Delegation] that expressly recognizes the event.
7.6.
Performance in Public Health Emergency Contractor warrants that it will:
7.6.1.
have in effect, promptly after commencement, a plan for continuing performance in
the event of a declared public health emergency that addresses, at a minimum:
7.6.1.1.
identification of response personnel by name;
7.6.1.2.
key succession and performance responses in the event of sudden and
significant decrease in workforce; and
7.6.1.3.
alternative avenues to keep sufficient product on hand or in the supply
chain;
7.6.2.
provide a copy of its current plan to State within 3 (three) business days after State’s
written request. If Contractor claims relief under paragraph 6.5 [Force Majeure] for
an occurrence of force majeure that is a declared public health emergency, then
that relief will be conditioned on Contractor having first implemented its plan and
exhausted all reasonable opportunity for that plan implementation to overcome the
effects of that occurrence, or mitigate those effects to the extent that overcoming
entirely is not practicable.
7.6.3.
A request from the State related to this Section does not necessarily indicate that
there has been an occurrence of force majeure, and the Contractor will not be
entitled to any additional compensation or extension of time by virtue of having to
implement a plan .
7.6.4.
Failure to have or implement an appropriate plan will be a material breach of
contract.
7.7.
Lobbying
7.7.1.
Prohibition. Contractor warrants that it will not engage in lobbying activities, as
defined in 40 Code of Federal Regulations (CFR) part 34 and A.R.S. § 41-1231, et
seq., using monies awarded under the Contract, provided that, the foregoing does
not intend to constrain Contractor's use of its own monies or property, including
without limitation any net proceeds duly realized under the Contract or any value
thereafter derived from those proceeds; and upon award of the Contract, it will
disclose all lobbying activities to State to the extent they are an actual or potential
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 82
conflict of interest or where such activities could create an appearance of
impropriety. Contractor shall implement and maintain adequate controls to assure
compliance with (a) above. Contractor shall obtain an equivalent warranty from all
Subcontractors and shall include an equivalent no-lobbying provision in all
Subcontracts.
7.7.2.
Exception. This paragraph does not apply to the extent that the Services are
defined in the Contract as being lobbying for State’s benefit or on State’s behalf.
7.8.
Survival of Warranty. All representations and warranties made by Contractor under the
Contract will survive the expiration or earlier termination of the Contract.
8.
This section intentionally left blank.
9.
This section intentionally left blank.
10.
This section intentionally left blank.
11.
General Provisions for Materials
11.1.
Applicability. Article 11 applies to the extent the Work is or includes Materials.
11.2.
Off-Contract Materials. Contractor shall ensure that the design and/or procedures for the
Materials ordering method prevents Orders for off-contract items or excluded items.
Notwithstanding that State might have its own internal administrative rules regarding off-
contract or excluded item ordering, and endeavors to prevent such orders from occurring,
Contractor is responsible for not accepting any such Orders. State may, at its discretion,
return any such items under subparagraph 11.17 or cancel any such Order under
subparagraph 11.18, in either case being without obligation and at Contractor’s expense. As
used above, “off-contract item” refers to any product not included in the scope of the Contract
and for which no price or compensation has been established contractually, and “excluded
item” refers to any product expressly stated in the Contract as being excluded from the
Contract.
11.3.
Compensation for Late Deliveries. Contractor shall have clear, published policies in place
regarding late delivery, order cancelation, discounts, or rebates given to compensate for late
deliveries, etc., and make them readily available to those Eligible Agencies, and Co-Op
Buyers if applicable, that are likely to need them.
11.4.
Indicate Shipping Costs on Order. Contractor shall identify and provide the required
substantiating documentation for the amount it intends to add for shipping in the Order
acknowledgment if shipping is additional to the contracted price or rate for an item; otherwise,
Contractor shall indicate that shipping is included in the Order price (in other words, every
Order must indicate clearly whether or not shipping is included in the Order price, and if not
included, how much is to be added and why that amount is the correct or appropriate one)
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 83
11.5.
Current Products. Contractor shall keep all products being offered under the Contract: (a)
in current and ongoing production; (b) in its advertised product lines; (c) as models or types
that are actively functioning in other paying customer environments; and (d) in conformance
to the requirements of the Contract.
11.6.
Maintain Comprehensive Selection. Contractor shall provide at all times the
comprehensive selection of products for which a price is established in the Commercial
Document for ordering by Eligible Agencies, and Co-Op Buyers if applicable.
11.7.
Additional Products. State, at its discretion, may modify the scope of the Contract by
Contract Amendment to include additional products or product categories so long as they
are within the general scope of the ones originally covered by the Contract. Once the
Contract Amendment has been fully executed, Contractor shall then update all applicable
catalogs and price lists and make them available to all affected entities at no additional cost.
Either party may make the request to add products to the Contract; regardless of who makes
the request, the parties shall negotiate in good faith a fair price for any additional products,
but State may elect not to add some or all of the products in question if no agreement is
reached on pricing in a timely manner. Contractor’s request or proposal in response to State’s
request must include: (a) documentation demonstrating that the additional products meet or
exceed the specifications for the original products while remaining in the same product
groups as the original ones; and (b) documentation demonstrating that the proposed price
for the additional products is both fair and reasonable and at the same level of discount
relative to market price as were the original ones. Demonstration of (b) typically requires
showing how prices at which sales are currently or were last made to a significant number of
buyers compare to the prices or discounts (as applicable) being proposed for the additional
products.
11.8.
Discontinued Products If a product or groups of products covered by the Contract are
discontinued by the manufacturer, Contractor shall notify State within 5 (five) business days
after receiving the manufacturer’s notification. State, at its discretion, will either allow
Contractor to provide substitutes for the discontinued products or delete the products from
the scope of the Contract, both of which will be accomplished by Contract Amendment.
Contractor shall then update all applicable catalogs and price lists and make them available
to all affected entities at no additional cost. The parties shall negotiate in good faith a fair
price for any substitute product, but State may elect to delete the products from the scope of
the Contract if no agreement is reached on substitute pricing in a timely manner. When
notifying State of the discontinuance, Contractor shall provide: (a) manufacturer’s
announcement or documentation stating that the products have been discontinued, with
identification by model/part number; (b) documentation demonstrating that the substitute
products meet or exceed the specifications for the discontinued products while remaining in
the same product groups as were the discontinued ones; and (c) documentation
demonstrating that the proposed price for the substitute products is both fair and reasonable
and at the same level of discount relative to market price as were the discontinued ones.
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 84
11.9.
Forced Substitutes. Forced substitutions will not be permitted; Contractor shall obtain
State’s prior written consent before making any discretionary substitution for any product
covered by the Contract.
11.10.
Recalls. In the event of a recall notice, technical service bulletin, or other important
notification affecting a product offered under the Contract (collectively, “recalls” hereinafter),
Contractor shall send timely notice to State for each applicable Order referencing the affected
Order and product. Notwithstanding whatever protection Contractor might have under A.R.S.
§12-684 with respect to a manufacturer, Contractor shall handle recalls entirely and without
obligation on State’s part, other than to permit removal of installed products, retrieval of
stored products, etc., as necessary to implement the recall.
11.11.
Delivery
11.11.1.
PRICING. Unless stated otherwise in the Purchase Order, all Materials prices
set forth therein are Free Carrier (FCA seller’s dock) Incoterms®2010, with
“seller’s dock” meaning the last place of manufacturing, assembly, integration,
final packing, or warehousing before departure to designated point of delivery
to State. For reference, the foregoing is to be construed as equivalent to
“F.O.B. Origin, Contractor’s Facility” under FAR 52.247-30.
11.11.2.
LIABILITY. Unless stated otherwise in the Purchase Order, Contractor’s
liability for all Materials is Delivered Duty Paid (DDP) (State-designated
receiving point per Order) Incoterms®2010, but with unloading at destination
included. For reference, the foregoing is to be construed as equivalent to
“F.o.b. Destination, Within Consignee’s Premises” under FAR 52.247-35.
11.11.3.
PAYMENT. Unless stated otherwise in the Purchase Order, State shall
reimburse Contractor the costs of the difference between DDP (State-
designated receiving point per Order) and FCA (seller’s dock) with no mark-
up, which Contractor shall itemize and invoice separately.
11.12.
Delivery Time. Unless stated otherwise in the Purchase Order, Contractor shall make
delivery within 2 (two) business days after receiving each Order.
11.13.
Delivery Locations. Contractor shall offer deliveries to every location served under the
scope of the Contract, specifically
11.13.1.
if the Contract is for a single State agency in a single area, then Contractor shall
deliver to any agency location in that area;
11.13.2.
if the Contract is for a single State agency in all its locations, then Contractor shall
deliver to any of that agency’s location in Arizona;
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 85
11.13.3.
if the Contract is for statewide use but excludes certain areas, then Contractor
shall deliver to any Eligible Agency or Co-Op Buyer location that is not in the
excluded areas; and
11.13.4.
if the Contract is for unrestricted statewide use, then:
11.13.4.1.
Contractor shall deliver to any Eligible Agency or Co-Op Buyer
anywhere in Arizona;
11.13.4.2.
if a prospective Co-Op Buyer outside Arizona wishes to order against
the Contract, Contractor agrees to negotiate in good faith any fair and
reasonable price or lead time adjustments necessary to serve that
location if practicable to do so within the scope of its normal business;
and,
11.13.4.3.
if the Purchase Order indicates defined delivery areas and prices, those
always apply unless the Order expressly states otherwise and
Contractor accepts it.
11.14.
Conditions at Delivery Location. Contractor shall verify receiving hours and conditions
(i.e. height/weight restrictions, access control, etc.) with the relevant purchaser for the
receiving site before scheduling or making a delivery. State will neither allow extra charges
for wait time, comebacks, or the like nor excuse late delivery if Contractor has failed to make
the verification or comply with the applicable conditions. Contractor shall make each delivery
to the specific location indicated in the Order, which Contractor acknowledges might be inside
an industrial building, institutional building, low-rise office building, or high-rise office building
instead of a normal receiving dock. Contractor might be required to make deliveries to
locations inside a secured perimeter at certain institutional facilities such as prisons where
prior clearances are required for each delivery and driver individually. Contractor shall
contact each such facility directly to confirm its most-current security clearance procedures,
allowable hours for deliveries, visitor dress code, and other applicable rules. State will neither
allow extra charges for wait time, comebacks, or the like nor excuse late delivery if Contractor
has failed to make the confirmation or comply with the applicable conditions.
11.15.
Materials Acceptance. State has the right to make acceptance of Materials subject to a
complete inspection on delivery and installation, if installation is Contractor’s responsibility.
State may apply as acceptance criteria conformity to the Contract, workmanship and quality,
correctness of constituent materials, and any other matter for which the Contract or
applicable laws state a requirement, whether stated directly or by reference to another
document, standard, reference specification, etc. Contractor shall remove any rejected
Materials from the delivery location, or from any immediate environs to which it might have
been reasonably necessary to move it, carry it off the delivery premises, and subsequently
deliver an equal number or quantity of conforming items. State will not owe Contractor any
payment for rejected Materials, and State may, at its discretion, withhold or make partial
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 86
payment for any rejected Materials that have been returned to Contractor in those instances
where State has agreed to permit repair instead of demanding replacement.
11.16.
Correcting Defects. Contractor shall, at no additional cost and without entitlement to
extension of any delivery deadline or specified time for performance, remove or exchange
and replace any defective or non-conforming delivered or installed Materials
11.16.1.
Contractor shall be solely responsible for the cost of any associated cutting and
patching, temporary protection measures, packing and crating, hoisting and
loading, transportation, unpacking, inspection, repacking, reshipping, and
reinstallation if installation is within the scope of the Contract.
11.16.2.
If Contractor fails to do so in a timely manner, State will be entitled to exercise its
remedies under paragraph 8.5 [Right of Offset] of the Uniform Terms and
Conditions.
11.16.3.
Whether State will permit Contractor to repair in place or demands that Contractor
remove and replace is at State’s discretion in each instance, provided that, State
shall not apply that discretion punitively if repair in place is practicable and doing
so would not create safety hazards, put property at risk, unreasonably interfere
with operations, create public nuisance, or give rise to any other reasonable
concern on State’s part.
11.17.
Returns. State may, at its discretion, return for full credit and with no restocking charges
any delivered. Materials unused in the original packaging, including any instruction manuals
or other incidental item that accompanied the original shipment, within thirty (30) days after
receipt. If State elects to return delivered Materials, then State shall pay all freight, delivery,
and transit insurance costs to return the products to the place from which Contractor shipped
them, provided that, if State returns delivered Materials because they are defective or non-
conforming or for any other reason having to do with Contractor fault or error, then State will
not be responsible for paying freight, delivery, or transit insurance costs to return the products
and may, at its discretion, either have those billed directly to Contractor or offset them under
paragraph 8.5 [Right of Offset] of the Uniform Terms and Conditions.
11.18.
Order Cancellations. State may cancel Orders within a reasonable period after issuance
and at its discretion. The same method as that used for ordering will be used for cancellation.
If State cancels an Order, then State shall:
11.18.1.
pay Contractor for any portion of the Materials and Services from that Order that
have been properly delivered or performed as of the cancellation effective date
plus one (1) additional business day.
11.18.2.
reimburse Contractor for:
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 87
11.18.2.1.
its actual, documented costs incurred in fulfilling the Order up to the
cancellation effective date plus one (1) additional business day;
11.18.2.2.
the cost of any obligations it incurred in fulfilling the Order up to the
cancellation effective date plus one (1) additional business day that
demonstrably cannot be canceled, or that have pre-established
cancelation penalties specified in the relevant Subcontracts, to the
extent the penalties are reasonable and customary for the work in
question; and,
11.18.2.3.
Contractor shall not charge or be entitled to charge State for any new
costs it incurs after receiving the cancellation notice. By way of reminder,
State is not liable for any products that were produced, shipped, or
delivered or any services that were performed before Contractor had
acknowledged the corresponding Order
11.19.
Product Safety. Materials as-shipped must comply with applicable safety regulations and
standards. Unless expressly stated otherwise in the Scope of Work, State is not responsible
for making any Materials safe or compliant following acceptance and is relying exclusively
on Contractor to deliver only products that are already safe and compliant.
11.20.
Hazardous Materials. Contractor shall timely provide State with any “Safety Data Sheets”
(SDS) and any other hazard communication documentation required under the US
Department of Labor’s Occupational Safety and Health Administration (OSHA) “Hazard
Communication Standard” (often referred to as the “HazCom 2012 Final Rule”) that is
reasonably necessary for State to comply with regulations when it or its other contractors
install, handle, operate, repair, maintain or remove any Materials. Note that, in the past, those
documents might have been referred to as “Material Safety Data Sheets” or “Product Safety
Data Sheets”, but State (and this Contract) use only the more up-to-date “SDS” reference.
Contractor shall ensure that all its relevant personnel understand the nature of and hazards
associated with, to the extent it they are Contractor’s responsibility under the Contract, the
design, shipping, handling, delivery, installation, repair and maintenance of any portion of the
Work that is, contains or will become upon use a hazardous material, with “hazardous
material” being any material or substance that is: (1) identified now or in the future as being
hazardous, toxic or dangerous under applicable laws; or (2) subject to statutory or regulatory
requirement governing special handling, disposal or cleanup.
12.
General Provisions for Services
12.1.
Applicability. Article 12 applies to the extent the Work is or includes Services.
12.2.
Comprehensive Services. Contractor shall provide the comprehensive range of services
for which a price is established Offering in the Pricing Document for ordering by Eligible
Agencies and Co-Op Buyers, if co-op buying applies.
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 88
12.3.
Additional Services. State at its discretion may modify the scope of the Contract by Contract
Amendment to include additional services or service categories that are within the general
scope of the ones originally covered by the Contract if it determines that doing so is in its
best interest. Once the Contract Amendment is fully executed, Contractor shall then update
all applicable price lists and make them available to all affected entities at no additional cost.
Either party may make the request to add services to the Contract; regardless of who makes
the request, the parties shall negotiate in good faith a fair price for any additional services,
but State may elect not to add some or all of the services in question if no agreement is
reached on pricing in a timely manner. Contractor’s request or proposal in response to State’s
request must include documentation demonstrating that the proposed price for the additional
services is both fair and reasonable and comparable to the original ones.
12.4.
Off-Contract Services. Contractor shall ensure that the design and/or procedures for the
Services ordering method prevents Orders for off-contract or excluded services.
Notwithstanding that State might have its own internal administrative rules regarding off-
contract or excluded service ordering, and endeavors to prevent such orders from occurring,
Contractor is responsible for not accepting any such Orders. State may, at its discretion,
cancel any such Order without obligation. As used above, “off-contract service” refers to any
service not included in the scope of the Contract and for which no price or compensation has
been established contractually, and “excluded service” refers to any service expressly
excluded from the scope of the Contract.
12.5.
Removal of Personnel. Notwithstanding that Contractor is in every circumstance
responsible for hiring, assigning, directing, managing, training, disciplining, and rewarding its
personnel, State may at its discretion and without the obligation to demonstrate cause
instruct Contractor to remove any of its personnel from State’s facilities or from further
assignment under the Contract. In such cases, Contractor shall promptly replace them with
other personnel having equivalent qualifications, experience, and capabilities.
12.6.
Transitions. During commencement, Contractor shall attend transition meetings with any
outgoing vendors to coordinate and ease the transition so that the effect on State’s
operations is kept to a minimum. State may elect to have outgoing vendors complete some
or all of their work or orders in progress to ease the transition as is safest and most efficient
in each instance, even if that scope is covered under the Contract. Conversely, State
anticipates having a continued need for the same materials and services upon expiration or
earlier termination of the Contract. Accordingly, Contractor shall work closely with any new
(incoming) vendor and State to ensure as smooth and complete a transfer as is practicable.
State’s representative shall coordinate all transition activities and facilitate joint development
of a comprehensive transition plan by both Contractor and the incoming vendor. As with the
incoming transition, State may permit Contractor (outgoing) to complete work or orders in
progress to ease the transition as is safest and most efficient in each instance.
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 89
12.7.
Accuracy of Work. Contractor is responsible for the accuracy of the Services, and shall
promptly make all necessary revisions or corrections resulting from errors and omissions on
its part without additional compensation. Acceptance by State will not relieve Contractor of
responsibility for correction of any errors discovered subsequently or necessary clarification
of any ambiguities.
12.8.
Requirements at Services. Contractor personnel shall perform their assigned portions of
the Services at the specific location indicated in the Order (if applicable). Contractor
acknowledges that the location might be inside an industrial building, institutional building, or
one of various office types and classes. Additionally, if performing the Services requires
Contractor personnel to work inside a secured perimeter at certain institutional facilities such
as prisons where prior clearances are required, Contractor shall contact the facility directly
to confirm its most-current security clearance procedures, allowable hours for work, visitor
dress code, and other applicable rules. State will neither allow extra charges for wait time,
comebacks, or the like nor excuse late performance if Contractor has failed to make the
confirmation or comply with the applicable conditions.
12.9.
Services Acceptance. State has the right to make acceptance of Services subject to
acceptance criteria. State may apply acceptance criteria conformity to the Contract,
accuracy, completeness, or other indicators of quality or other matter for which the Contract
or law states a requirement, whether stated directly or by reference to another document,
standard, reference specification, etc. State will not owe Contractor any payment for
unaccepted Services; and State may, at its discretion, withhold or make partial payment for
any rejected Services if Contractor is still in the process of re-performing or otherwise curing
the grounds for State’s rejection.
12.10.
Corrective Action Required. Notwithstanding any other guarantees, general warranties, or
particular warranties Contractor has given under the Contract, if Contractor fails to perform
any material portion of the Services, including failing to complete any contractual deliverable,
or if its performance fails to meet agreed-upon service levels or service standards set out in
or referred to in the Contract, then Contractor shall perform a root-cause analysis to identify
the source of the failure and use all commercially reasonable efforts to correct the failure and
meet the Contract requirements as promptly as is practicable.
12.10.1.
Contractor shall provide to State a report detailing the identified cause and
setting out its detailed corrective action plan promptly after the date the failure
occurred (or the date when the failure first became apparent, if it was not
apparent immediately after occurrence).
12.10.2.
State may demand to review and approve Contractor’s analysis and plans, and
Contractor shall make any corrections State instructs and adopt State’s
recommendations so far as is commercially practicable, provided that State may
insist on any measures it determines within reason to be necessary for safety or
protecting property and the environment.
12.10.3.
Contractor shall take the necessary action(s) to avoid any like failure in the future
if doing so is appropriate and practicable under the circumstances
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 90
13.
Data and Information Handling
13.1.
Applicability. Article 13 applies to the extent the Work includes handling of any (1) State’s
proprietary and sensitive data or (2) confidential or access-restricted information obtained
from State or from others at State’s behest.
13.2.
Data Protection and Confidentiality of Information. Contractor warrants that it will
establish and maintain procedures and controls acceptable to State for ensuring that State’s
proprietary and sensitive data is protected from unauthorized access and information
obtained from State or others in performance of its contractual duties is not mishandled,
misused, or inappropriately released or disclosed. For purposes of this paragraph, all data
created by Contractor in any way related to the Contract, provided to Contractor by State, or
prepared by others for State are proprietary to State, and all information by those same
avenues is State’s confidential information. To comply with the foregoing warrant:
13.2.1.
Contractor shall: (a) notify State immediately of any unauthorized access or
inappropriate disclosures, whether stemming from an external security breach,
internal breach, system failure, or procedural lapse; (b) cooperate with State to
identify the source or cause and respond to each unauthorized access or
inappropriate disclosure; and (c) notify State promptly of any security threat that
could result in unauthorized access or inappropriate disclosures; and
13.2.2.
Contractor shall not: (a) release any such data or allow it to be released or
divulge any such information to anyone other than its employees or officers as
needed for each person’s individual performance of his or her duties under the
Contract, unless State has agreed otherwise in advance and in writing; or (b)
respond to any requests it receives from a third party for such data or information,
and instead route all such requests to State’s designated representative.
13.3.
Personally Identifiable Information Without limiting the generality of paragraph 13.2,
Contractor warrants that it will protect any personally identifiable information (“PII”) belonging
to State’s employees or other contractors or members of the general public that it receives
from State or otherwise acquires in its performance under the Contract. For purposes of this
paragraph:
13.3.1.
PII has the meaning given in the [federal] Office of Management and Budget
(OMB) Memorandum M-17-12 Preparing for and Responding to a Breach of
Personally Identifiable Information, January 3, 2017; and
13.3.2.
“protect” means taking measures to safeguard personally identifiable information
and prevent its breach that are functionally equivalent to those called for in that
OMB memorandum and elaborated on in the [federal] General Services
Administration (GSA) Directive CIO P 2180.1 GSA Rules of Behavior for
Handling Personally Identifiable Information.
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 91
NOTE (1): For convenience of reference only, the OMB memorandum is available at:
https://dpcld.defense.gov/Privacy/Authorities-and-Guidance/
NOTE (2): For convenience of reference only, the GSA directive is available at:
https://www.gsa.gov/directive/gsa-rules-of-behavior-for-handling-personally-
identifiable-information-(pii)-
13.4.
Protected Health Information Contractor warrants that, to the extent performance under
Contract involves individually identifiable health information (referred to hereinafter as
protected health information (“PHI”) and electronic PHI (“ePHI”) as defined in the Privacy
Rule referred to below), it:
13.4.1.
is familiar with and will comply with the applicable aspects of the following
collective regulatory requirements regarding patient information privacy
protection: (a) the “Privacy Rule” in CFR 45 Part 160 and Part 164 pursuant to
the Health Insurance Portability and Accountability Act (“HIPAA”) of 1996; (b)
Arizona laws, rules, and regulations applicable to PHI/ePHI that are not
preempted by CFR45-160(B) or the Employee Retirement Income Security Act
of 1974 (“ERISA”) as amended; and (c) State’s current and published PHI/ePHI
privacy and security policies and procedures;
13.4.2.
will cooperate with State in the course of performing under the Contract so that
both State and Contractor stay in compliance with the requirements in (1) above;
and
13.4.3.
will sign any documents that are reasonably necessary to keep both State and
Contractor in compliance with the requirements in (1) above, in particular
“Business Associate Agreements” in accordance with the Privacy Rule.
NOTE: For convenience of reference only, the Privacy Rule is available at:
http://www.hhs.gov/hipaa/for-professionals/privacy/index.html
14.
Information Technology Work
14.1.
Applicability Article 14 applies to any Invitation for Bids, Request for Proposals, or Request
for Quotations for "Information Technology," as defined In A.R.S. §18-101 -6 “…all
computerized and auxiliary automated information processing, telecommunications and
related technology, including hardware, software, vendor support and related services,
equipment and projects,” if and to the extent that the Work is or includes Information
Technology.
14.2.
Background Checks Each Contractor's personnel who is an applicant for an information
technology position must undergo the security clearance and background check procedure,
which includes fingerprinting, as required by A.R.S. §41-710. Contractor shall obtain and
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 92
pay for the security clearance and background check. Contractor personnel who will have
administrator privileges on a State network must additionally provide identity and address
verification and undergo State-specified training for unescorted access, confidentiality,
privacy, and data security
14.3.
Information Access
14.3.1.
SYSTEM
MEASURES.
Contractor
shall
employ
appropriate
system
management and maintenance, fraud prevention and detection, and encryption
application and tools to any systems or networks containing or transmitting
State’s proprietary data or confidential information.
14.3.2.
INDIVIDUAL MEASURES. Contractor personnel shall comply with applicable
State policies and procedures regarding data access, privacy, and security,
including prohibitions on remote access and obtaining and maintaining access
identifications (IDs) and passwords. Contractor is responsible to State for
ensuring that any State access IDs and passwords are used only by the person
to whom they were issued. Contractor shall ensure that personnel are only
provided the minimum only such level of access necessary to perform his or
duties. Contractor shall on request, provide a current register of the access IDs
and passwords and corresponding access levels currently assigned to its
personnel.
14.3.3.
ACCESS CONTROL. Contractor is responsible to State for ensuring that
hardware, software, data, information, and that has been provided by State or
belongs to or is in the custody of State and is accessed or accessible by
Contractor personnel is only used in connection with carrying out the Work and
is never commercially exploited in any manner whatsoever not expressly
permitted under the Contract. State may restrict access of Contractor personnel,
or instruct Contractor to restrict their access, if in its determination the
requirements of this subparagraph are not being met.
14.4.
Pass-Through Indemnity
14.4.1.
INDEMNITY FROM THIRD PARTY. For computer hardware or software
included in the Work as discrete units that were manufactured or developed
solely by a third party, Contractor may satisfy its indemnification obligations
under the Contract by, to the extent permissible by law, passing through to State
such indemnity as it receives from the third-party source (each a “Pass-Through
Indemnity”) and cooperating with State in enforcing that indemnity. If the third
party fails to honor its Pass-Through Indemnity, or if a Pass-Through Indemnity
is insufficient to indemnify State Indemnitees to the extent and degree,
Contractor is required to do by the Uniform Terms and Conditions, then
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 93
Contractor shall indemnify, defend and hold harmless State Indemnitees to the
extent the Pass-Through Indemnity does not.
14.4.2.
NOTIFY OF CLAIMS. State shall notify Contractor promptly of any claim to which
a Pass-Through Indemnity might apply. Contractor, with reasonable consultation
from State, shall control of the defense of any action on any claim to which a
Pass-Through Indemnity applies, including negotiations for settlement or
compromise, provided that:
14.4.2.1.
State reserves the right to elect to participate in the action at its own
expense;
14.4.2.2.
State reserves the right to approve or reject any settlement or
compromise on reasonable grounds and if done so timely; and
14.4.2.3.
State shall in any case cooperate in the defense and any related
settlement negotiations.
14.5.
Systems and Controls In consideration for State having agreed to permit Pass-Through
Indemnities in lieu of direct indemnity, Contractor agrees to establish and keep in place
systems and controls appropriate to ensure that State funds under this Contract are not
knowingly used for the acquisition, operation, or maintenance of Materials or Services in
violation of intellectual property laws or a third party’s intellectual property rights.
14.6.
Redress of Infringement
14.6.1.
REPLACE, LICENSE, OR MODIFY. If Contractor becomes aware that any
Materials or Services infringe, or are likely to be infringing, on any third party’s
intellectual property rights, then Contractor shall, at its sole cost and expense
and in consultation with State, either:
14.6.1.1.
replace any infringing items with non-infringing ones;
14.6.1.2.
obtain for State the right to continue using the infringing items; or
14.6.1.3.
modify the infringing items so that they become non-infringing, so long
as they continue to function as specified following the modification.
14.6.2.
CANCELLATION OPTION. In every case under 14.6.1, if none of those options
can reasonably be accomplished, or if the continued use of the infringing items
is impracticable, State may cancel the relevant Order or terminate the Contract,
and Contractor shall take back the infringing items. If State does cancel the Order
or terminate the Contract, Contractor shall refund to State:
14.6.2.1.
for any software created for State under the Contract, the amount State
paid to Contactor for creating it;
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 94
14.6.2.2.
for all other Materials, the net book value of the product provided
according to generally accepted accounting principles; and
14.6.2.3.
for Services, the amount paid by State or an amount equal to 12 (twelve)
months of charges, whichever is less.
14.6.3.
EXCEPTIONS. Contractor will not be liable for any claim of infringement based
solely on any of the following by a State Indemnitee:
14.6.3.1.
modification or use of Materials other than as contemplated by the
Contract or expressly authorized or proposed by a Contractor
Indemnitor;
14.6.3.2.
operation of Materials with any operating software other than that
supplied by Contractor or authorized or proposed by a Contractor
Indemnitor; or
14.6.3.3.
combination or use with other products in a manner not contemplated
by the Contract or expressly authorized or proposed by a Contractor
Indemnitor.
14.7.
First Party Liability Limitation
14.7.1.
LIMIT. Subject to the provisos that follow below and unless stated otherwise in
the Special Terms and Conditions, State’s and Contractor’s respective first party
liability arising from or related to the Contract is limited to the greater of
$1,000,000 (one million dollars) or 3 (three) times the purchase price of the
specific Materials or Services giving rise to the claim.
14.7.2.
PROVISOS. This paragraph limits liability for first party direct, indirect, incidental,
special, punitive, and consequential damages relating to the Work regardless of
the legal theory under which the liability is asserted. This paragraph does not
limit liability arising from any:
14.7.2.1.
Indemnified Claim against which Contractor has indemnified State
Indemnitees under paragraph 6.3;
14.7.2.2.
claim against which Contractor has indemnified State Indemnitees
under paragraph 6.4; or
14.7.2.3.
provision of the Contract calling for liquidated damages or specifying
amounts or percentages as being at-risk or subject to deduction for
performance deficiencies.
14.7.3.
PURCHASE PRICE DETERMINATION. If the Contract is for a single-agency
and a single Order (or if no Order applies), then “purchase price” in
Subparagraph 14.7.1 above means the aggregate Contract price current at the
time of Contract expiration or earlier termination, including all Contract
Amendments having an effect on the aggregate price through that date. In all
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 95
other cases, “purchase price” above means the total price of the Order for the
specific equipment, software, or services giving rise to the claim, and therefore
a separate limit will apply to each Order.
14.7.4.
NO EFFECT ON INSURANCE. This paragraph does not modify the required
coverage limits, terms, and conditions of, or any insured’s ability to claim against
any insurance that Contractor is required by the Contract to provide, and
Contractor shall obtain express endorsements that it does not.
14.8.
Information Technology Warranty
14.8.1.
SPECIFIED DESIGN. Where the Scope of Work for information technology,
Work provides a detailed design specification or sets out specific performance
requirements, Contractor warrants that the Work will provide all functionality
material to the intended use stated in the Contract, provided that, the foregoing
warranty does not extend to any portions of the Materials that are:
14.8.1.1.
modified or altered by anyone not authorized by Contractor to do so;
14.8.1.2.
maintained in a way inconsistent to any applicable manufacturer
recommendations; or
14.8.1.3.
operated in a manner not within its intended use or environment.
14.8.2.
COTS SOFTWARE. With respect to Materials provided under the Contract that
are commercial-off-the-shelf (COTS) software, Contractor warrants that:
14.8.2.1.
to the extent possible, it will test the software before delivery using
commercially available virus detection software conforming to current
industry standards;
14.8.2.2.
the COTS software will, to the best of its knowledge, at the time of
delivery be free of viruses, backdoors, worms, spyware, malware, and
other malicious code that could hamper performance, collect unlawfully
any personally identifiable information, or prevent products from
performing as required by the Contract; and
14.8.2.3.
it will provide a new or clean install of any COTS software that State has
reason to believe contains harmful code.
14.8.3.
PAYMENT HAS NO EFFECT. The warranties in this paragraph are not affected
by State’s inspection, testing, or payment.
14.9.
Specific Remedies. Unless expressly stated otherwise elsewhere in the Contract, State’s
remedy for breach of warranty under paragraph 14.8 includes, at State’s discretion, re-
performance, repair, replacement, or refund of any amounts paid by State for the
nonconforming Work, plus (in every case) Contractor’s payment of State’s additional,
documented, and reasonable costs to procure materials or services equivalent in function,
Special Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 96
capability, and performance that was first called for. For clarification of intent, the foregoing
obligations are limited by the limitation of liability in paragraph 14.7. If none of the forgoing
options can reasonably be effected, or if the use of the materials by State is made impractical
by the nonconformance, then State may seek any remedy available to it under law.
14.10.
Section 508 Compliance. Unless specifically authorized in the Contract, any electronic or
information technology offered to the State of Arizona under this Contract shall comply with
A.R.S. §18-131 and §18-132 and Section 508 of the Rehabilitation Act of 1973, which
requires that employees and members of the public shall have access to and use of
information technology that is comparable to the access and use by employees and members
of the public who are not individuals with disabilities.
Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 97
Uniform Terms and Conditions
1.
Definition of Terms: As used in this Solicitation and any resulting Contract, the terms listed below are
defined as follows:
1.1.
“Attachment” means any item the Solicitation requires the Offeror to submit as part of the
Offer.
1.2.
“Contract” means the combination of the Solicitation, including the Uniform and Special
Instructions to Offerors, the Uniform and Special Terms and Conditions, and the
Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and
any Solicitation Amendments or Contract Amendments.
1.3.
"Contract Amendment" means a written document signed by the Procurement Officer that is
issued for the purpose of making changes in the Contract.
1.4.
“Contractor” means any person who has a Contract with the State.
1.5.
“Days” means calendar days unless otherwise specified.
1.6.
“Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits
section of the Solicitation.
1.7.
“Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or
anything of more than nominal value, present or promised, unless consideration of
substantially equal or greater value is received.
1.8.
“Materials” means all property, including equipment, supplies, printing, insurance and leases
of property but does not include land, a permanent interest in land or real property or leasing
space.
1.9.
“Procurement Officer” means the person, or his or her designee, duly authorized by the State
to enter into and administer Contracts and make written determinations with respect to the
Contract.
1.10.
“Services” means the furnishing of labor, time or effort by a contractor or subcontractor which
does not involve the delivery of a specific end product other than required reports and
performance, but does not include employment agreements or collective bargaining
agreements.
1.11.
“Subcontract” means any Contract, express or implied, between the Contractor and another
party or between a subcontractor and another party delegating or assigning, in whole or in
part, the making or furnishing of any material or any service required for the performance of
the Contract.
1.12.
“State” means the State of Arizona and Department or Agency of the State that executes the
Contract.
1.13.
“State Fiscal Year” means the period beginning with July 1 and ending June 30.
2.
Contract Interpretation
Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 98
2.1.
Arizona Law. The Arizona law applies to this Contract including, where applicable, the
Uniform Commercial Code as adopted by the State of Arizona and the Arizona Procurement
Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementing rules,
Arizona Administrative Code (A.A.C.) Title 2, Chapter 7.
2.2.
Implied Contract Terms. Each provision of law and any terms required by law to be in this
Contract are a part of this Contract as if fully stated in it.
2.3.
Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as
accepted by the State and as they may be amended, the following shall prevail in the order
set forth below:
2.3.1.
Special Terms and Conditions;
2.3.2.
Uniform Terms and Conditions;
2.3.3.
Statement or Scope of Work;
2.3.4.
Specifications;
2.3.5.
Attachments;
2.3.6.
Exhibits;
2.3.7.
Documents referenced or included in the Solicitation.
2.4.
Relationship of Parties. The Contractor under this Contract is an independent Contractor.
Neither party to this Contract shall be deemed to be the employee or agent of the other party
to the Contract.
2.5.
Severability. The provisions of this Contract are severable. Any term or condition deemed
illegal or invalid shall not affect any other term or condition of the Contract.
2.6.
No Parole Evidence. This Contract is intended by the parties as a final and complete
expression of their agreement. No course of prior dealings between the parties and no usage
of the trade shall supplement or explain any terms used in this document and no other
understanding either oral or in writing shall be binding.
2.7.
No Waiver. Either party’s failure to insist on strict performance of any term or condition of the
Contract shall not be deemed a waiver of that term or condition even if the party accepting
or acquiescing in the nonconforming performance knows of the nature of the performance
and fails to object to it.
3.
Contract Administration and Operation
3.1.
Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall
contractually require each subcontractor to retain all data and other “records” relating to the
acquisition and performance of the Contract for a period of five years after the completion of
the Contract. All records shall be subject to inspection and audit by the State at reasonable
times. Upon request, the Contractor shall produce a legible copy of any or all such records.
Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 99
3.2.
Non-Discrimination. The Contractor shall comply with State Executive Order No. 2009-09
and all other applicable Federal and State laws, rules and regulations, including the
Americans with Disabilities Act.
3.3.
Audit. Pursuant to ARS § 35-214, at any time during the term of this Contract and five (5)
years thereafter, the Contractor’s or any subcontractor’s books and records shall be subject
to audit by the State and, where applicable, the Federal Government, to the extent that the
books and records relate to the performance of the Contract or Subcontract.
3.4.
Facilities Inspection and Materials Testing. The Contractor agrees to permit access to its
facilities, subcontractor facilities and the Contractor’s processes or services, at reasonable
times for inspection of the facilities or materials covered under this Contract. The State shall
also have the right to test, at its own cost, the materials to be supplied under this Contract.
Neither inspection of the Contractor’s facilities nor materials testing shall constitute final
acceptance of the materials or services. If the State determines non-compliance of the
materials, the Contractor shall be responsible for the payment of all costs incurred by the
State for testing and inspection.
3.5.
Notices. Notices to the Contractor required by this Contract shall be made by the State to the
person indicated on the Offer and Acceptance form submitted by the Contractor unless
otherwise stated in the Contract. Notices to the State required by the Contract shall be made
by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet,
unless otherwise stated in the Contract. An authorized Procurement Officer and an
authorized Contractor representative may change their respective person to whom notice
shall be given by written notice to the other and an amendment to the Contract shall not be
necessary.
3.6.
Advertising, Publishing and Promotion of Contract. The Contractor shall not use, advertise
or promote information for commercial benefit concerning this Contract without the prior
written approval of the Procurement Officer.
3.7.
Property of the State. Any materials, including reports, computer programs and other
deliverables, created under this Contract are the sole property of the State. The Contractor
is not entitled to a patent or copyright on those materials and may not transfer the patent or
copyright to anyone else. The Contractor shall not use or release these materials without the
prior written consent of the State.
3.8.
Ownership of Intellectual Property. Any and all intellectual property, including but not limited
to copyright, invention, trademark, trade name, service mark, and/or trade secrets created or
conceived pursuant to or as a result of this contract and any related subcontract (“Intellectual
Property”), shall be work made for hire and the State shall be considered the creator of such
Intellectual Property. The agency, department, division, board or commission of the State of
Arizona requesting the issuance of this contract shall own (for and on behalf of the State) the
entire right, title and interest to the Intellectual Property throughout the world. Contractor shall
notify the State, within thirty (30) days, of the creation of any Intellectual Property by it or its
subcontractor(s). Contractor, on behalf of itself and any subcontractor(s), agrees to execute
any and all document(s) necessary to assure ownership of the Intellectual Property vests in
the State and shall take no affirmative actions that might have the effect of vesting all or part
of the Intellectual Property in any entity other than the State. The Intellectual Property shall
not be disclosed by contractor or its subcontractor(s) to any entity not the State without the
Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 100
express written authorization of the agency, department, division, board or commission of
the State of Arizona requesting the issuance of this contract.
3.9.
Federal Immigration and Nationality Act. The contractor shall comply with all federal, state
and local immigration laws and regulations relating to the immigration status of their
employees during the term of the contract. Further, the contractor shall flow down this
requirement to all subcontractors utilized during the term of the contract. The State shall
retain the right to perform random audits of contractor and subcontractor records or to inspect
papers of any employee thereof to ensure compliance. Should the State determine that the
contractor and/or any subcontractors be found noncompliant, the State may pursue all
remedies allowed by law, including, but not limited to; suspension of work, termination of the
contract for default and suspension and/or debarment of the contractor.
3.10.
E-Verify Requirements. In accordance with A.R.S. § 41-4401, Contractor warrants
compliance with all Federal immigration laws and regulations relating to employees and
warrants its compliance with Section A.R.S. § 23- 214, Subsection A.
3.11.
Offshore Performance of Work Prohibited. Any services that are described in the
specifications or scope of work that directly serve the State of Arizona or its clients and
involve access to secure or sensitive data or personal client data shall be performed within
the defined territories of the United States. Unless specifically stated otherwise in the
specifications, this paragraph does not apply to indirect or 'overhead' services, redundant
back-up services or services that are incidental to the performance of the contract. This
provision applies to work performed by subcontractors at all tiers.
4.
Costs and Payments
4.1.
Payments. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30
days. Upon receipt and acceptance of goods or services, the Contractor shall submit a
complete and accurate invoice for payment from the State within thirty (30) days.
4.2.
Delivery. Unless stated otherwise in the Contract, all prices shall be F.O.B. Destination and
shall include all freight delivery and unloading at the destination.
4.3.
Applicable Taxes
4.3.1.
Payment of Taxes. The Contractor shall be responsible for paying all applicable
taxes.
4.3.2.
State and Local Transaction Privilege Taxes. The State of Arizona is subject to all
applicable state and local transaction privilege taxes. Transaction privilege taxes
apply to the sale and are the responsibility of the seller to remit. Failure to collect
such taxes from the buyer does not relieve the seller from its obligation to remit
taxes.
4.3.3.
Tax Indemnification. Contractor and all subcontractors shall pay all Federal, state
and local taxes applicable to its operation and any persons employed by the
Contractor. Contractor shall, and require all subcontractors to hold the State
harmless from any responsibility for taxes, damages and interest, if applicable,
contributions required under Federal, and/or state and local laws and regulations
Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 101
and any other costs including transaction privilege taxes, unemployment
compensation insurance, Social Security and Worker’s Compensation.
4.3.4.
IRS W9 Form. In order to receive payment the Contractor shall have a current I.R.S.
W9 Form on file with the State of Arizona, unless not required by law.
4.4.
Availability of Funds for the Next State fiscal year. Funds may not presently be available for
performance under this Contract beyond the current state fiscal year. No legal liability on the
part of the State for any payment may arise under this Contract beyond the current state
fiscal year until funds are made available for performance of this Contract,
4.5.
Availability of Funds for the current State fiscal year. Should the State Legislature enter back
into session and reduce the appropriations or for any reason and these goods or services
are not funded, the State may take any of the following actions:
4.5.1.
Accept a decrease in price offered by the contractor;
4.5.2.
Cancel the Contract; or
4.5.3.
Cancel the contract and re-solicit the requirements.
5.
Contract Changes
5.1.
Amendments. This Contract is issued under the authority of the Procurement Officer who
signed this Contract. The Contract may be modified only through a Contract Amendment
within the scope of the Contract. Changes to the Contract, including the addition of work or
materials, the revision of payment terms, or the substitution of work or materials, directed by
a person who is not specifically authorized by the procurement officer in writing or made
unilaterally by the Contractor are violations of the Contract and of applicable law. Such
changes, including unauthorized written Contract Amendments shall be void and without
effect, and the Contractor shall not be entitled to any claim under this Contract based on
those changes.
5.2.
Subcontracts. The Contractor shall not enter into any Subcontract under this Contract for the
performance of this contract without the advance written approval of the Procurement Officer.
The Contractor shall clearly list any proposed subcontractors and the subcontractor’s
proposed responsibilities. The Subcontract shall incorporate by reference the terms and
conditions of this Contract.
5.3.
Assignment and Delegation. The Contractor shall not assign any right nor delegate any duty
under this Contract without the prior written approval of the Procurement Officer. The State
shall not unreasonably withhold approval.
6.
Risk and Liability
6.1.
Risk of Loss: The Contractor shall bear all loss of conforming material covered under this
Contract until received by authorized personnel at the location designated in the purchase
order or Contract. Mere receipt does not constitute final acceptance. The risk of loss for
nonconforming materials shall remain with the Contractor regardless of receipt.
Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 102
6.2.
Indemnification
6.2.1.
Contractor/Vendor Indemnification (Not Public Agency). The parties to this contract
agree that the State of Arizona, its departments, agencies, boards and commissions
shall be indemnified and held harmless by the contractor for the vicarious liability of
the State as a result of entering into this contract. However, the parties further agree
that the State of Arizona, its departments, agencies, boards and commissions shall
be responsible for its own negligence. Each party to this contract is responsible for
its own negligence.
6.2.2.
Public Agency Language Only Each party (as 'indemnitor') agrees to indemnify,
defend, and hold harmless the other party (as 'indemnitee') from and against any
and all claims, losses, liability, costs, or expenses (including reasonable attorney's
fees) (hereinafter collectively referred to as 'claims') arising out of bodily injury of
any person (including death) or property damage but only to the extent that such
claims which result in vicarious/derivative liability to the indemnitee, are caused by
the act, omission, negligence, misconduct, or other fault of the indemnitor, its
officers, officials, agents, employees, or volunteers."
6.3.
Indemnification - Patent and Copyright. The Contractor shall indemnify and hold harmless
the State against any liability, including costs and expenses, for infringement of any patent,
trademark or copyright arising out of Contract performance or use by the State of materials
furnished or work performed under this Contract. The State shall reasonably notify the
Contractor of any claim for which it may be liable under this paragraph. If the contractor is
insured pursuant to A.R.S. § 41-621 and § 35-154, this section shall not apply.
6.4.
Force Majeure.
6.4.1.
Except for payment of sums due, neither party shall be liable to the other nor
deemed in default under this Contract if and to the extent that such party’s
performance of this Contract is prevented by reason of force majeure. The term
“force majeure” means an occurrence that is beyond the control of the party affected
and occurs without its fault or negligence. Without limiting the foregoing, force
majeure includes acts of God; acts of the public enemy; war; riots; strikes;
mobilization; labor disputes; civil disorders; fire; flood; lockouts; injunctions-
intervention-acts; or failures or refusals to act by government authority; and other
similar occurrences beyond the control of the party declaring force majeure which
such party is unable to prevent by exercising reasonable diligence.
6.4.2.
Force Majeure shall not include the following occurrences:
6.4.2.1.
Late delivery of equipment or materials caused by congestion at a
manufacturer’s plant or elsewhere, or an oversold condition of the
market;
6.4.2.2.
Late performance by a subcontractor unless the delay arises out of a
force majeure occurrence in accordance with this force majeure term
and condition; or
Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 103
6.4.2.3.
Inability of either the Contractor or any subcontractor to acquire or
maintain any required insurance, bonds, licenses or permits.
6.4.3.
If either party is delayed at any time in the progress of the work by force majeure,
the delayed party shall notify the other party in writing of such delay, as soon as is
practicable and no later than the following working day, of the commencement
thereof and shall specify the causes of such delay in such notice. Such notice shall
be delivered or mailed certified-return receipt and shall make a specific reference
to this article, thereby invoking its provisions. The delayed party shall cause such
delay to cease as soon as practicable and shall notify the other party in writing when
it has done so. The time of completion shall be extended by Contract Amendment
for a period of time equal to the time that results or effects of such delay prevent
the delayed party from performing in accordance with this Contract.
6.4.4.
Any delay or failure in performance by either party hereto shall not constitute default
hereunder or give rise to any claim for damages or loss of anticipated profits if, and
to the extent that such delay or failure is caused by force majeure.
6.5.
Third Party Antitrust Violations. The Contractor assigns to the State any claim for
overcharges resulting from antitrust violations to the extent that those violations concern
materials or services supplied by third parties to the Contractor, toward fulfillment of this
Contract.
7.
Warranties
7.1.
Liens. The Contractor warrants that the materials supplied under this Contract are free of
liens and shall remain free of liens.
7.2.
Quality. Unless otherwise modified elsewhere in these terms and conditions, the Contractor
warrants that, for one year after acceptance by the State of the materials, they shall be:
7.2.1.
Of a quality to pass without objection in the trade under the Contract description;
7.2.2.
Fit for the intended purposes for which the materials are used;
7.2.3.
Within the variations permitted by the Contract and are of even kind, quantity, and
quality within each unit and among all units;
7.2.4.
Adequately contained, packaged and marked as the Contract may require; and
7.2.5.
Conform to the written promises or affirmations of fact made by the Contractor.
7.3.
Fitness. The Contractor warrants that any material supplied to the State shall fully conform
to all requirements of the Contract and all representations of the Contractor, and shall be fit
for all purposes and uses required by the Contract.
7.4.
Inspection/Testing. The warranties set forth in subparagraphs 7.1 through 7.3 of this
paragraph are not affected by inspection or testing of or payment for the materials by the
State.
Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 104
7.5.
Compliance With Applicable Laws. The materials and services supplied under this Contract
shall comply with all applicable Federal, state and local laws, and the Contractor shall
maintain all applicable license and permit requirements.
7.6.
Survival of Rights and Obligations after Contract Expiration or Termination.
7.6.1.
Contractor's Representations and Warranties. All representations and warranties
made by the Contractor under this Contract shall survive the expiration or
termination hereof. In addition, the parties hereto acknowledge that pursuant to
A.R.S. § 12-510, except as provided in A.R.S. § 12- 529, the State is not subject to
or barred by any limitations of actions prescribed in A.R.S., Title 12, Chapter 5.
7.6.2.
Purchase Orders. The Contractor shall, in accordance with all terms and conditions
of the Contract, fully perform and shall be obligated to comply with all purchase
orders received by the Contractor prior to the expiration or termination hereof,
unless otherwise directed in writing by the Procurement Officer, including, without
limitation, all purchase orders received prior to but not fully performed and satisfied
at the expiration or termination of this Contract.
8.
State's Contractual Remedies
8.1.
Right to Assurance. If the State in good faith has reason to believe that the Contractor does
not intend to, or is unable to perform or continue performing under this Contract, the
Procurement Officer may demand in writing that the Contractor give a written assurance of
intent to perform. Failure by the Contractor to provide written assurance within the number
of Days specified in the demand may, at the State’s option, be the basis for terminating the
Contract under the Uniform Terms and Conditions or other rights and remedies available by
law or provided by the contract.
8.2.
Stop Work Order.
8.2.1.
The State may, at any time, by written order to the Contractor, require the
Contractor to stop all or any part of the work called for by this Contract for period(s)
of days indicated by the State after the order is delivered to the Contractor. The
order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms
and take all reasonable steps to minimize the incurrence of costs allocable to the
work covered by the order during the period of work stoppage.
8.2.2.
If a stop work order issued under this clause is canceled or the period of the order
or any extension expires, the Contractor shall resume work. The Procurement
Officer shall make an equitable adjustment in the delivery schedule or Contract
price, or both, and the Contract shall be amended in writing accordingly.
8.2.3.
Non-exclusive Remedies. The rights and the remedies of the State under this
Contract are not exclusive.
8.3.
Nonconforming Tender. Materials or services supplied under this Contract shall fully comply
with the Contract. The delivery of materials or services or a portion of the materials or
Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 105
services that do not fully comply constitutes a breach of contract. On delivery of
nonconforming materials or services, the State may terminate the Contract for default under
applicable termination clauses in the Contract, exercise any of its rights and remedies under
the Uniform Commercial Code, or pursue any other right or remedy available to it.
8.4.
Right of Offset. The State shall be entitled to offset against any sums due the Contractor,
any expenses or costs incurred by the State, or damages assessed by the State concerning
the Contractor’s non-conforming performance or failure to perform the Contract, including
expenses, costs and damages described in the Uniform Terms and Conditions.
9.
Contract Termination
9.1.
Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, the State may cancel this
Contract within three (3) years after Contract execution without penalty or further obligation
if any person significantly involved in initiating, negotiating, securing, drafting or creating the
Contract on behalf of the State is or becomes at any time while the Contract or an extension
of the Contract is in effect an employee of or a consultant to any other party to this Contract
with respect to the subject matter of the Contract. The cancellation shall be effective when
the Contractor receives written notice of the cancellation unless the notice specifies a later
time. If the Contractor is a political subdivision of the State, it may also cancel this Contract
as provided in A.R.S. § 38- 511.
9.2.
Gratuities. The State may, by written notice, terminate this Contract, in whole or in part, if the
State determines that employment or a Gratuity was offered or made by the Contractor or a
representative of the Contractor to any officer or employee of the State for the purpose of
influencing the outcome of the procurement or securing the Contract, an amendment to the
Contract, or favorable treatment concerning the Contract, including the making of any
determination or decision about contract performance. The State, in addition to any other
rights or remedies, shall be entitled to recover exemplary damages in the amount of three
times the value of the Gratuity offered by the Contractor.
9.3.
Suspension or Debarment. The State may, by written notice to the Contractor, immediately
terminate this Contract if the State determines that the Contractor has been debarred,
suspended or otherwise lawfully prohibited from participating in any public procurement
activity, including but not limited to, being disapproved as a subcontractor of any public
procurement unit or other governmental body. Submittal of an offer or execution of a contract
shall attest that the contractor is not currently suspended or debarred. If the contractor
becomes suspended or debarred, the contractor shall immediately notify the State.
9.4.
Termination for Convenience. The State reserves the right to terminate the Contract, in whole
or in part at any time when in the best interest of the State, without penalty or recourse. Upon
receipt of the written notice, the Contractor shall stop all work, as directed in the notice, notify
all subcontractors of the effective date of the termination and minimize all further costs to the
State. In the event of termination under this paragraph, all documents, data and reports
Uniform Terms and Conditions
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 106
prepared by the Contractor under the Contract shall become the property of and be delivered
to the State upon demand. The Contractor shall be entitled to receive just and equitable
compensation for work in progress, work completed and materials accepted before the
effective date of the termination. The cost principles and procedures provided in A.A.C. R2-
7-701 shall apply.
9.5.
Termination for Default.
9.5.1.
In addition to the rights reserved in the contract, the State may terminate the
Contract in whole or in part due to the failure of the Contractor to comply with any
term or condition of the Contract, to acquire and maintain all required insurance
policies, bonds, licenses and permits, or to make satisfactory progress in
performing the Contract. The Procurement Officer shall provide written notice of the
termination and the reasons for it to the Contractor.
9.5.2.
Upon termination under this paragraph, all goods, materials, documents, data and
reports prepared by the Contractor under the Contract shall become the property
of and be delivered to the State on demand.
9.5.3.
The State may, upon termination of this Contract, procure, on terms and in the
manner that it deems appropriate, materials or services to replace those under this
Contract. The Contractor shall be liable to the State for any excess costs incurred
by the State in procuring materials or services in substitution for those due from the
Contractor.
9.6.
Continuation of Performance Through Termination. The Contractor shall continue to perform,
in accordance with the requirements of the Contract, up to the date of termination, as directed
in the termination notice.
10.
Contract Claims
All contract claims or controversies under this Contract shall be resolved according to A.R.S. Title 41,
Chapter 23, Article 9, and rules adopted thereunder.
11.
Arbitration
The parties to this Contract agree to resolve all disputes arising out of or relating to this contract
through arbitration, after exhausting applicable administrative review, to the extent required by A.R.S.
§ 12-1518, except as may be required by other applicable statutes (Title 41).
12.
Comments Welcome
The State Procurement Office periodically reviews the Uniform Terms and Conditions and welcomes
any comments you may have. Please submit your comments to: State Procurement Administrator,
State Procurement Office, 100 North 15th Avenue, Phoenix, Arizona, 85007.
Exhibit A
Exhibit 1 of Pricing Document: Pricing Sheet
Request for Proposal
Solicitation No. BPM004541
Communications Cabling Systems
Arizona Department of Administration
State Procurement Office
100 N 15th Avenue
Phoenix, AZ 85007
Solicitation Requirements (rev 12/21) Page 107
Please utilize BPM004541 Solicitation Attachment 12 - Pricing Document to submit Pricing